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(영문) 전주지방법원 군산지원 2018.05.03 2016가합11730
청구이의
Text

1. The defendant

A. It is based on the Jeonju District Court Decision 2006Gahap403 decided May 4, 2007, against Plaintiff A.

Reasons

1. Basic facts

A. 1) The Defendant from March 2003 to March 2003, the Plaintiff is a limited company E (hereinafter “E”) in which the Plaintiff B is the representative director.

(2) On May 10, 2005, the Defendant: (a) delivered fire fighting saw to the Plaintiff; (b) as the Defendant did not pay the price of the goods; and (c) as to KRW 200,000,000,000, including the amount of the goods unpaid and the amount of the goods unpaid between the Defendant and the Plaintiff, his spouse, the actual representative, and the damages for delay, the Defendant drafted a loan certificate with the Plaintiff, “A, the borrower, the borrower’s net F, and the joint and several surety,” in relation to the amount of the unpaid goods and the damages for delay.

(hereinafter referred to as “the instant loan certificate,” and the Defendant’s credit based thereon is “the instant loan claim”). B.

In addition to the loan certificate of this case, the defendant created bonds of this case 1) one sheet of each unit number of this case, "the issuer E, the par value of 103,000,000 won, and November 5, 2005," as the price for goods from E on May 2, 2005, separately from the loan certificate of this case, the defendant is "one sheet of each unit number of this case" (hereinafter referred to as "number of units of this case").

(2) Upon receipt of delivery. (2) The Defendant and the Network G agreed to re-issuance of the check number at face value with interest added up to the payment date for KRW 103,00,000 after depositing the check amount of KRW 103,00,000 into the bank, the Defendant’s payment of KRW 103,00,000 to the bank, and the Defendant agreed to re-issuance of the check number at face value.

3) In accordance with the above agreement, the defendant sent KRW 103,00,000 to the E account, and then found the price per unit of this case. On November 7, 2005, the defendant issued to the defendant a re-issuance of the price per unit with "12,270,000,000, and February 7, 2006, the payment date" on the same day between the plaintiff B and the plaintiff C. 4, the defendant paid 103,000,000 won per unit of this case to the defendant by December 31, 2005, and the plaintiff C jointly and severally guaranteed the above debt.

(hereinafter referred to as “each of the instant notes,” and the Defendant’s claims based thereon are c. of this case.

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