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(영문) 수원지방법원성남지원 2015.08.18 2014가합4640
청구이의
Text

1. Promissory notes, No. 1869, 2013, drawn up on December 31, 2013, against the Defendant’s Plaintiff.

Reasons

1. Facts of recognition;

A. On November 19, 2013, the Plaintiff entered into a contract with the Defendant’s father C on the construction work to remove the building on the D ground in Seoul Gwangjin-gu and to construct the medical care center building (hereinafter “instant construction work”), and agreed to set the construction period as KRW 588,50,000 (including value-added tax) from November 19, 2013 to March 19, 2014, and to pay KRW 200,000 out of the construction work price in advance.

In addition, on November 21, 2013, the Defendant paid the Plaintiff the advance payment of KRW 200 million.

B. The ordering person of the instant contract is C, but in fact, the Defendant, who is his own son, was in charge of all the duties of the ordering person related to the instant project.

C. On December 19, 2013, the Plaintiff entered into a guarantee agreement with the Construction Mutual Aid Association with respect to the instant construction project, and issued to the Defendant a contract guarantee of KRW 5,885,000,000 for the guaranteed amount issued by the Construction Mutual Aid Association.

On December 2013, the Plaintiff issued one copy of a promissory note (hereinafter “instant promissory note”) which is payable at sight of the date of payment, respectively, on November 21, 2013, including the issuer, the payee, the Defendant, the issue date, the par value of KRW 170 million, the place of payment at the place of payment at the place of payment at the place of payment at the place of payment at the place of payment at the place of payment at the issue

In addition, on December 31, 2013, E, the Plaintiff’s agent, and the Defendant, as the head of the site office of the instant construction project, drafted a notarial deed recognizing that there is no objection even if they are immediately subject to compulsory execution in the event of delay in the payment of promissory notes of this case under No. 1869, a notary public’s B office. (hereinafter “notarial deed of this case”).

E. On January 8, 2014, the Defendant: (a) filed an application for a seizure order against the Plaintiff’s share of members with the Suwon District Court 2014TTB270 with the authentic copy of the instant authentic copy of the instant authentic deed as an executive title; and (b) filed an application for a seizure order against the Plaintiff’s shares; and (c) January 10, 2014.

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