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(영문) 광주지방법원 2020.02.14 2019나60744
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. By August 10, 2016, the Plaintiff served as the representative director of a limited liability company C (hereinafter referred to as “C”) that provides marine passenger transportation services, and D was employed as the Defendant’s director who provides vessel construction and repair services from December 24, 2001 to September 22, 2003, respectively.

Meanwhile, the defendant was established on July 16, 1999.

B. D, around 199, borrowed two promissory notes from the Plaintiff on a discount rate of KRW 200,000 from the Plaintiff, and used them at discount, but failed to repay the above amount to the Plaintiff by July 5, 1999, which is the due date.

C. D around July 7, 1999, as against the plaintiff

In order to recognize the existence of the subrogated payment obligation under subsection (a) and (b) to the effect that “A company E shall have approximately KRW 400,000,000 due to exchange loss from the IMF in 197 to 1998, and shall delegate the business compensation and the right to claim for facility compensation in accordance with the port development plan” (hereinafter referred to as “each of the instant notes”) jointly with E Co., Ltd., and deliver it to the Plaintiff.

On August 10, 1999, the Plaintiff repaid the obligation of the Promissory Notes on behalf of D, and on September 9, 1999, the Plaintiff received respectively a notarized deed No. 1995, No. 1996, No. 1996, No. 1996 (hereinafter referred to as the “notarial deed of this case”) from E Co., Ltd., a notary public, which was written in each item of the face value amount of KRW 220,00,000, the issuer E Co., Ltd., the issuer E, the date of issuance, August 10, 199, the date of payment, the place of payment, and the place of payment.

E. On November 5, 2001, the Plaintiff received KRW 19,000,00 from Shinan-gun, Co., Ltd., the debtor, and based on the instant notarial deed, filed an application for the seizure and collection order of the claim against Taean-gun, Inc., Ltd., the obligation to pay the shipbuilding cost to E, and received the decision on December 12, 2001. On December 6, 2004, the Plaintiff was issued the H distribution procedure of the Gwangju District Court Y branch (hereinafter “instant auction case distribution procedure”).

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