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(영문) 광주지방법원목포지원 2017.11.29 2017가단51816
청구이의
Text

1. Promissory notes, No. 1234, 2016, drawn up on August 8, 2016 by the Defendant’s notary public against the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 18, 2016, the Plaintiff purchased power-driven E from D (hereinafter “instant vessel”) approximately KRW 160,000,000, and completed the ownership transfer registration in the name of F on May 18, 2016.

B. On August 5, 2016, the Plaintiff prepared a performance memorandum stating the following (hereinafter “instant performance memorandum”) and delivered it to the Defendant.

The principal promises to implement the following as intermediaries E (4.99 tons, fishing vessel number G).

1. A person himself/herself has relayed the transfer of ownership to B on March 2016, and B has maintained, maintained, and prepared the vessel from March 2016 to March 5, 2016 ( August 5, 2016) and did not transfer the vessel’s ownership to May 13, 2016.

1. Accordingly, I do not agree that if the fishing vessel is sold or leased to others by F, the owner of the present vessel, you shall pay to B, within seven (7) days after the vessel is sold or leased, the full amount of 30,000,000,000.

1. In this regard, the above contents shall be faithfully implemented, and if the fishing vessel is unable to pay within the time limit of KRW 30,000 ( KRW 30,000) to B when the fishing vessel was sold or leased, B promises not to raise any objection even if B proceeds from the procedures of securing claims through seizure, provisional seizure, or court auction of its property, and attaching a seal impression thereto.

C. On August 8, 2016, the Plaintiff issued one copy of a promissory note as stated respectively in the Defendant, the Defendant, the face value of KRW 30,000,000, the issuer, the issuer, the place of issue, and the place of payment (hereinafter “instant promissory note”). If the payment of the instant promissory note is delayed, it is “a notarized deed as stated in Paragraph (1) of the same Article stating that no objection is raised even if it is immediately enforced.”

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