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(영문) 서울고등법원 2017.04.20 2016나2018430
약속어음금
Text

1. Revocation of a judgment of the first instance;

2. The defendant in collaboration with the co-defendant B of the first instance trial and KRW 200 million to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a feed supply contract with a person raising pigs around February 2012. Around February 2, 2012, the Plaintiff repaid the Plaintiff’s debt of KRW 400 million, including loans to feed companies that had been traded on behalf of the Plaintiff, and B borrowed the said KRW 400 million to the Plaintiff, but the Plaintiff set the right to collateral security of KRW 500 million with respect to the Plaintiff’s property other than M& and 14 real estate owned by the Plaintiff (hereinafter collectively referred to as “N farm”).

B. On May 24, 2012, B concluded a mortgage contract with the Plaintiff on the maximum debt amount of KRW 500 million with respect to N farm. On the 31st of the same month, B completed the registration of creation of a mortgage over N farm with respect to the Plaintiff, the Plaintiff, the obligor, and the maximum debt amount of KRW 500 million with respect to N farm, and the Plaintiff issued a promissory note with a sight of KRW 500 million with a face value of KRW 500 million with the right to supplement a blank bill.

C. Since then, as the Plaintiff failed to pay the feed amount properly, the Plaintiff discontinued the supply of feed on August 2012 and attempted to recover the loan amount of KRW 400 million and the unpaid feed amount of KRW 156,774,460.

B requested that the Plaintiff continue to supply the test feed to ensure that the farm operation should be continued and the additional collateral should be provided to the Plaintiff. The Plaintiff provided that the Plaintiff provided the real estate owned by the Defendant as collateral and supplied the feed to the Plaintiff.

E. On October 19, 2012, the Defendant and B issued and delivered to the Plaintiff a promissory note (hereinafter “instant promissory note”) with the Plaintiff, the Plaintiff, the issuer, and the Defendant, with a face value, date of payment, issue date, place of payment, and place of payment, each blank note (hereinafter “instant promissory note”). The blank note issued by the Plaintiff as the addressee is issued to the Plaintiff for the purpose of securing all obligations that the Plaintiff, the issuer, and the Defendant and the Plaintiff are currently liable for, or will be liable for, the Plaintiff’s payment. As such, the blank note is issued

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