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(영문) 광주지방법원 2017.08.09 2017가단511551
어음금
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 January 6, 2015, the Defendant entered into a contract with the non-party UND Urban Development Co., Ltd. (hereinafter “ND Urban Development”) under which the household construction among the construction works of the instant construction works of the officetel (hereinafter “instant construction”) was to receive KRW 1.97 billion (hereinafter “instant contract”).

B. On February 10, 2015, the Defendant and the Plaintiff entered into a contract with the Plaintiff to subcontract part of the construction works that the Defendant contracted as referred to in the preceding paragraph (hereinafter “instant subcontract”). Of them, the parts related to the instant case are as follows.

1. Project owner: Development of DNA cities;

2. The name of subcontracted project: In the case of a new construction project of an officetel in this case, a man or a man-made stone plate.

3. Contract amount: 200 million won;

4. Payment of the price;

(a) Contract deposit: 10 million won within 15 days after the conclusion of a contract - 50 percent of the bill;

(b) A completed amount: 50% in cash;

C. On February 10, 2015, the Defendant issued to the Plaintiff a bill number of KRW 03420150210000000000070, issue amount of KRW 50 million, and the due date of payment on May 31, 2015 (hereinafter “first bill of this case”); ② an electronic bill of this case (hereinafter “first bill of this case”); ② an amount of KRW 03420150200000000000, issue amount of KRW 50 million; and the due date of payment (hereinafter “second bill of this case”).

On February 10, 2015, the Defendant endorsed and transferred the instant bill No. 1 to the Non-Party 1 Co., Ltd. (hereinafter referred to as the “Iskn”) and the instant bill No. 2 to the Non-Party 17th of the same month, Co., Ltd. Brickn (hereinafter referred to as “Bskn”) respectively.

E. On March 12, 2015, the Defendant and Dondi City Development rescinded the instant contract, and the Defendant expressed to the Plaintiff on the same day the intent to rescind the instant subcontract, and received an accident report on each of the instant bills from the Gwangju Bank on April 10, 2015.

F. On June 1, 2015, each of the instant notes was rejected on the grounds of the Defendant’s accident report (defation, misappropriation, nonperformance of contract).

(g)...

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