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(영문) 의정부지방법원 고양지원 2018.09.07 2016가합72870
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 1, 2011, the Defendant rendered a note 1 (B) and 2) the issuer’s “Korea Industry of the Co., Ltd.”, “50,000,000 won”, “Chon-si,” “1,00,000 won at face value,” “The payment date of the payment date,” “Seoul-si,” “Seoul-si,” “Seoul-si,” “Seoul-si,” “Seoul-si,” “The date of the payment date,” “the date of the issuance,” “ February 17, 2011,” and “one promissory note numbered in blank: (a) the issuer’s “Korea Industry of the Co., Ltd.”, “50,000,000 won at face value,” “The due date of the payment date,” “Seoul-si, the date of issuance,” and “endorse 17, 2011,” respectively, with endorsement column 1(C number 1) in blank column.

(hereinafter above two promissory notes are collectively referred to as "the Promissory Notes of this case" (Evidence A No. 2-1, 2, 5).

Nonparty D endorsed respectively in the column for second endorsement of the Promissory Notes, and the Plaintiff endorsed respectively in the column for third endorsement of the Promissory Notes.

(A) No. 2-1, 2). (c)

On February 17, 2011, the Plaintiff drafted a separate statement on February 17, 201, stating that “the Defendant shall pay the amount of the Promissory Notes to the holder of the Promissory Notes in collaboration with the drawer, regardless of its reason.”

(hereinafter referred to as “instant letter of undertaking”) (No. 3-1, 2) was issued. D.

On the name of the defendant stated in the letter of commitment of this case, the seal of the name of the defendant is affixed thereto.

(A) No. 3-1, 2). (e)

The Plaintiff is holding the Promissory Notes.

[Ground of recognition] Evidence Nos. 2, 3 (including paper numbers), Eul evidence Nos. 5, the purport of the whole pleadings

2. The plaintiff asserted and determined that since the defendant agreed to pay the face value of the bill of this case to the holder of the bill of this case by drawing up the letter of promise of this case, the plaintiff is an agreed amount of KRW 1,500,000,000 (= KRW 1,000,000,000) and this amount as the agreed amount for the plaintiff holding the bill of this case (= KRW 500,00,000).

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