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(영문) 수원지방법원 2020.11.26 2020나51105
어음금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for cases where the reasoning of the judgment is written or added as follows, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure

Part 5 and 6 of the second half of the judgment of the court of first instance ① “A Co., Ltd., in which the defendant served as the representative director, issued and delivered a promissory note of KRW 280,000,000 at par value to the plaintiff on December 1, 2006, and the defendant made endorsement on the said promissory note at that time,” respectively, and the statement of the evidence Nos. 13 and 14 “No. 1 (including the number of pages; hereinafter the same shall apply) through No. 8” shall be written with “No. 5.”

The third-party 5 to 9 of the judgment of the first instance shall be followed as follows.

According to the following facts or circumstances, it is difficult to view that there was an agreement on the cancellation of the establishment registration of each of six of the secured items, even if the Plaintiff received KRW 126,00,00 from the Defendant on October 8, 2009 the delivery of KRW 126,00,00 from the Defendant on October 8, 209, and the cancellation of the establishment registration of each of the secured items, it is difficult to view that there was an agreement on the settlement of the contents that the Plaintiff renounced the claim of four of the promissorysory notes, including the above secured claim, against the Defendant, or the extinguishment thereof between the parties, and there is no other evidence to acknowledge otherwise, the Defendant’s defense was without merit.

The fifth five pages of the judgment of the first instance shall be added as follows:

(7) A licensed real estate agent F who has arranged six of the secured articles for sale and purchase shall have all the obligations related to the registration of establishment of each of the above secured articles at the time of October 8, 2009.

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