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(영문) 전주지방법원 군산지원 2017.02.10 2016가단92
약속어음금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 60,000,000 and the Defendant A from December 28, 2015.

Reasons

1. According to the purport of Gap evidence No. 1 and all pleadings as to the cause of the claim, defendant A issued a promissory note (hereinafter "the Promissory note in this case") at the face value of 60,000,000, and the due date of December 27, 2015, and delivered it to the defendant limited liability company LLC (hereinafter "the defendant company") with the endorsement in blank. The Promissory note in this case at issue, the defendant company and the limited liability company LLC (hereinafter "the non-party company"), the plaintiff owned the Promissory Notes in this case. The plaintiff presented a payment presentation on December 28, 2015, but refused to pay them. Thus, it can be acknowledged that there is a special agreement on the exemption of payment from the payment of the Promissory Notes in each column of this case (the issuer and endorser of the Promissory Notes in this case) from 10% to 2010 to 260% of the annual bill of this case, and the defendants are jointly and severally liable to pay to the plaintiff 200% to 160 to 160% of this case.

2. Determination on the defense, etc.

A. Defendant A’s assertion 1) issued the instant promissory note to the Defendant Company for the payment of the goods. However, the said agreement was cancelled, and the Defendant Company distributed the instant promissory note in an unlawful manner even though it returned the instant promissory note to the Defendant A, and the Plaintiff acquired the instant promissory note with knowledge of such fact, so the Plaintiff’s claim should be dismissed. 2) The Plaintiff offered a loan to the Nonparty Company and acquired the instant promissory note, and thus, Nonparty 1.

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