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(영문) 서울남부지방법원 2016.12.02 2016가단26345
청구이의
Text

1. The Defendant’s decision on the recommendation of performance against the Plaintiffs in Seoul Southern District Court 2013 Ghana63491 was made.

Reasons

1. Facts of recognition;

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) received discount from the Plaintiff Company A and drafted a notarial deed (1) received discount from the Plaintiff Company A and received discount from the Defendant around February 2, 2012 by endorsement of F and B on the promissory note with the face value of KRW 17 million issued by D (E, the due date, June 8, 2012, hereinafter “the Promissory Notes”).

(2) On or around December 9, 2011, the Plaintiff Company received a discount on the Promissory Notes (the Promissory Notes No. 2) issued by D with a face value of KRW 20,90,000 (the payment date for the G and the Plaintiff Company, March 31, 201, and thereafter, “the Second Promissory Notes”) from the Defendant.

(3) On May 23, 2012, the Plaintiff Company drafted a notarial deed of money loan agreement for transfer security (hereinafter “notarial deed of this case”) to the Defendant, stating that “the Defendant lent KRW 37.9 million to the Plaintiff Company on May 23, 2012. From June 2012 to March 2013, 2013, the Plaintiff Company paid a total of KRW 3.790,000 and interest KRW 758,00,00,000, monthly from June 23, 2012.”

B. On May 22, 2013, the Defendant filed a lawsuit seeking the payment of the Promissory Notes with Seoul Southern District Court 2013 Ghana63491 (hereinafter “Seoul Southern District Court”) against the Plaintiffs.

At the first time, the Plaintiff Company: (a) drafted the instant No. 2 and the instant bill on May 23, 2012; (b) the Defendant, the Defendant, and the Plaintiff Company, to the Defendant, and to all other parties, respectively, refused payment on the ground of non-transaction; and (c) was denied on the date of payment. Since the Defendant paid to the final endorser the amount of KRW 17 million and recovered the instant bill, the Plaintiffs are obligated to pay KRW 17 million to the Defendant; and (d) written the instant authentic deed on March 23, 2012 regarding the instant bill and the instant bill; and (b) did not pay it even after March 23, 2013, the due date was due.

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