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(영문) 광주고등법원 2015.10.21 2014나276
청구이의
Text

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

A law office on November 201, 201.

Reasons

1. The court of first instance rejected compulsory execution based on the No. 1801 Certificate of Promissory Notes (No. 1801, No. 201, Nov. 16, 201; hereinafter “No. 201 Certificate of Promissory Notes”). The court of first instance accepted part of the Plaintiff’s claim and rejected compulsory execution based on the No. 201,480,000 won. The court of first instance pronounced a judgment dismissing the remainder of the Plaintiff’s claim.

Of the judgment of the court of first instance, the Plaintiff filed an appeal against the Plaintiff’s losing part of the judgment of the court of first instance, and the Defendant filed an incidental appeal against the part of compulsory execution up to KRW 278,823,154 based on the Notarial Deed of Promissory Notes of this case, among the parts against the Defendant during the trial of the court of first instance (the part exceeding KRW 201,480,000)

Therefore, among the judgment of the court of first instance, the part that seeks to refuse compulsory execution based on the Notarial Deed of Promissory Notes of this case within the scope of KRW 278,823,154 is the scope of the judgment of this court.

2. Basic facts

A. From August 18, 2011 to April 25, 2013, the Plaintiff supplied polyethyl (PE) pipes produced by the Defendant from the Defendant, and manufactured and supplied brine farms to the farmer.

B. Until November 15, 2011, the Plaintiff was unable to pay the amount of polyethyl pipes equivalent to the amount of KRW 492,034,130 from the Defendant with respect to the obligation to pay the price for the goods, on November 16, 2011, the Plaintiff issued one copy of a promissory note, the place of payment and place of issuance of which are written on December 15, 201, with respect to the Defendant’s face value of KRW 400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,00.

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