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(영문) 수원지방법원 2016.04.21 2015나36911
어음금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 277,99,308 and KRW 270,054,978.

Reasons

1. Facts of recognition;

A. The Plaintiff has continuously traded goods with C Co., Ltd. (hereinafter “C”) whose representative director is the Plaintiff.

B. On January 2, 2009, the Defendant and C jointly issued promissory notes that form a face value of 400,000,000 at the face value with the Plaintiff as the addressee in order to secure the obligation to pay for the goods to the Plaintiff on January 2, 2009, and prepared and issued a notarial deed.

C. The transaction between the Plaintiff and C was terminated around February 10, 2010. At the time, C’s obligation to pay for the goods to the Plaintiff was 563,268,030 won.

The Defendant filed an objection suit (Seoul Southern District Court 2010Gahap22959) against the Plaintiff claiming that the obligation under the said promissory note No. 199 was fully repaid, and that the said promissory note No. 2019 was void.

On February 24, 2011, the lower court rendered a judgment in favor of the Defendant (the Plaintiff in the instant case) to the effect that “the Defendant’s obligation to the Plaintiff based on the notarial deed of promissory notes remains in KRW 274,590,978,” and the said judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination

A. According to the facts found above, the Defendant is obligated to pay to the Plaintiff the amount of KRW 274,590,978 as the above amount of the Promissory Notes and the damages for delay calculated at the rate of 20% per annum from February 24, 2015 to the day of full payment, which is obviously a day following the delivery date of the copy of the instant bill of this case sought by the Plaintiff.

B. On July 5, 2012, the Defendant asserted that the Plaintiff’s representative director E as the principal deposit, and that the Defendant deposited the repayment amount of KRW 150 million as the gold No. 2745 on July 5, 2012 and KRW 3273 as of August 16, 2012 (Article 487 of the Civil Act) was extinguished. On the other hand, the Plaintiff’s deposit amount is the Plaintiff’s (the Plaintiff).

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