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(영문) 제주지방법원 2014.12.19 2014가단40946
약속어음 인도
Text

1. The defendant shall deliver to the plaintiff each promissory note stated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Defendant is a company that manufactures and sells alcoholic beverages, and the limited liability company B (hereinafter “B”) is a company that is supplied with alcoholic beverages from the Defendant and sells them, and the Plaintiff is C’s children who had the representative director B.

B. B borrowed KRW 200 million from the Defendant on January 15, 2008, and delivered two copies of a promissory note with face value of KRW 100 million as collateral, but thereafter, at the time of the payment of the said note, the two copies of a promissory note with face value of KRW 200 million were again lent from the Defendant at the time of the payment of the said note, and then the new payment date was issued to the Defendant.

C. In addition, on September 16, 2009, the Plaintiff set up a collateral of KRW 200 million with the maximum debt amount of KRW 200 million against the Defendant on the Jeju Building and Building owned by the Plaintiff as collateral. D.

B, even after the due date of the Promissory Notes, as seen earlier, after lending money from the Defendant at the time of the due date of the payment of the Promissory Notes, the due date of payment for the Promissory Notes was extended by the method of issuing the Promissory Notes. Around January 2012, each Promissory Notes (hereinafter “each Promissory Notes”) as indicated in the separate sheet was issued and issued to the Defendant.

E. Since then, on the ground that B did not perform its obligation under the above agreement, the Defendant filed an application for voluntary auction based on the right to collateral security established on each of the above real estate owned by the Plaintiff, and on February 14, 2014, the Plaintiff repaid KRW 134,723,220,00 in total, including the balance of debt B 130,280,000 won and enforcement expenses.

【Court-Appellants 2】 Evidence No. 2, Evidence No. 2-1, 2, evidence No. 3 through 7, evidence No. 1, and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. Article 484 and Article 484 of the Civil Act (Subrogation performance, certificate of claim, and security) (1) of the Plaintiff’s assertion that he/she subrogated to the Defendant B for the entire amount of his/her claim.

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