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(영문) 서울고등법원 2015.10.13 2015나2623
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff operated a special electric power plant from around 1991 to around 2004, with the trade name of C, and the Defendant operated the electric power plant production and trade business with the trade name of D in his wife name.

B. Around 2003, the Plaintiff issued a promissory note or a discount note and delivered it to the Defendant, and the Defendant agreed to pay to the Plaintiff the amount equivalent to the face value of the promissory note or a discount note delivered to the Plaintiff under the J’s name (hereinafter “instant agreement”).

In accordance with the agreement of this case, from April 2003 to December 2 of the same year, the Plaintiff issued to the Defendant a promissory note or a check of shares (hereinafter “each promissory note or a check of shares”, and, individually, they are called “net promissory note or a check of shares”.

On November 27, 2003, the maturity or issue date of Promissory Notes E 42,00,000,000 of Promissory Notes E on November 30, 2003, 32,000,003 December 11, 2003, of Promissory Notes G 41,200,000,004 December 13, 2003, H 20,200,200,000 per unit number on December 13, 2003, H28,200,000 per unit number on December 27, 2003

C. The number of units Nos. 1, 3 and 4 of the instant case were refused to pay all on the date of payment and the date of presentment for payment.

Nos. 1 and 3 Promissory Notes, the final holder of the said Promissory Notes, filed a lawsuit against the Plaintiff, who is the issuer, seeking payment of the said Promissory Notes Nos. 1 and 3 Promissory Notes No. 2004da1153.

On June 18, 2004, the above court rendered a ruling ordering treatment Electric Cable to pay a sum of KRW 83,400,000, which is the sum of the face value of each of the above Promissory Notes, and damages for delay. The above ruling became final and conclusive on July 6, 2004.

The face value of the Promissory Notes 1 above is 42,200,000 won, won, and the defendant.

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