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(영문) 수원지방법원평택지원 2019.02.12 2018가단58422
어음금
Text

1. The Defendant (Appointed Party) and the Appointed C jointly form the Plaintiff and the Plaintiff’s KRW 100,000,000 as well as its related amount from July 1, 2015.

Reasons

1. The facts that there is no dispute over the cause of the claim, and comprehensively taking account of the purport of the entire pleadings as to the statement in Gap evidence No. 1, the defendants (appointed parties), the appointed parties C (hereinafter referred to as the "appointed parties"), and the appointed parties C shall jointly issue the defendants on July 17, 2014, and deliver a promissory note (hereinafter referred to as the " promissory note in this case") with the value of KRW 100,000,000 per annum with the Plaintiff and the due date as of December 30, 2014 (hereinafter referred to as the "comsory note in this case"), the Plaintiff possessed the Promissory Notes in this case as of April 21, 2015, the Plaintiff extended the payment period of KRW 100,000,000 to June 30, 2015, the Defendants shall jointly pay to the Plaintiff the amount of KRW 100,000 per annum and delay damages from June 1, 2015, respectively.

As to this, the Defendants issued the instant promissory note in consideration of the transfer cost of the construction permit (hereinafter “instant construction permit”) on the land of 4513 square meters of forest E (FF forest and forest land 4549 square meters, August 9, 2017; hereinafter “instant land”) in Osan-si, Gyeonggi-do, where the Plaintiff had D as the representative director. Since the instant land was awarded to the third party on September 4, 2015 and the instant construction permit was revoked on January 22, 2016, the Defendants did not have any obligation to pay the Plaintiff KRW 100,000,000.

A direct party to a bill may invoke the absence of a defense of cancellation or cancellation of the non-existence of an obligation arising from a causeal relationship, or the absence of a defense based on a special agreement which does not appear on the face of a bill as a ground for refusal of the discharge of a bill.

The Bills of Exchange and Promissory Notes Act;

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