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(영문) 서울중앙지방법원 2017.10.13 2016가단5227116
어음금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the original production and sales business, and Defendant B and C, as a couple, are engaged in the original sales business with Defendant D, who is the father and wife of Defendant C, together with Defendant D, who is the father and wife of Defendant C, and have engaged in the original sales business with the Plaintiff, commercial transactions and monetary transactions.

B. The Defendants requested the Plaintiff to provide loans as necessary for operating the business, and the Plaintiff provided cash loans to the Defendants on the condition that they receive the prescribed interest, but the Defendants issued a promissory note and delivered it to the Plaintiff from that time as follows with the intent to pay the borrowed loan borrowed from the Plaintiff:

1) Promissory Notes amounting to KRW 100 million at face value (the date of issuance, October 24, 2006, and the date of payment, Defendant B, Defendant C, and D shall each be stamped on the back of the Promissory Notes, respectively; hereinafter “instant Promissory Notes 1”).

(2) 2) Promissory Notes worth KRW 50 million at face value (the issuance date, April 30, 2007, April 30, 2008, and April 30, 2008, the issuer Defendants, and hereinafter “instant Promissory Notes”) KRW 3) at face value of KRW 50 million at face value (the issuance date, June 11, 2007, June 11, 2008, the due date, June 11, 2008, the issuer B, and C; hereinafter “instant Three Promissory Notes”).

A person shall be appointed.

C. On December 29, 2010, the registration of ownership transfer with respect to the land of 661 square meters (hereinafter “the instant so-called land”) owned by Defendant C, which was based on the Plaintiff’s name on November 30, 2010, and the registration of ownership transfer with respect to the land of 2,743 square meters (hereinafter “the instant remaining land”) in the name of the Plaintiff on April 10, 2013 with respect to the land of 661 square meters (hereinafter “the instant so-called “the instant so-called land”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendants are issuers or endorsers of the Promissory Notes Nos. 1 and 2, and are liable to pay the amount of the Promissory Notes to the Plaintiff, and Defendant B and C are issuers of the Promissory Notes No. 3.

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