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(영문) 서울중앙지방법원 2016.01.15 2014나68760
어음금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Facts of recognition;

A. On April 29, 2006, the Defendant sold the right to move into the neighborhood living facilities (hereinafter “the right to move into the instant land”) in relation to the land for taking countermeasures to be supplied by the E in Songpa-gu Seoul Metropolitan Government E District to 50,000,000,000, to the Defendant, who operates G real estate (the name of D, but the substance of C is judged to be a party to the sales contract).

(hereinafter) The Defendant entered into the instant sales contract and delivered a blank promissory note with the Defendant’s signature and seal affixed to the issuer column (hereinafter “instant blank note”) in order to guarantee the refund of the purchase price if the Plaintiff is not qualified to move into the instant sales contract.

B. C around 2006 sold the right to move in of this case to the Plaintiff in KRW 70,000,000, and delivered the blank bill of this case.

C. The Plaintiff sold the instant blank bill to F (in light of the fact that the amount of the instant blank bill was returned from F, and the face value was stated as KRW 100,00,000,000, the Plaintiff issued the instant blank bill to F, and thereafter, the Plaintiff issued the instant blank bill to F. The F re-issued the instant blank bill to the Plaintiff.

After that, the Plaintiff, as the final holder of the instant blank note, supplemented A (Plaintiff) in each column of F and endorser column in Seoul Special Metropolitan City and endorser column in the blank note’s blank note’s blank note’s blank note’s blank note’s blank note’s blank note’s blank note’s KRW 10 million in the payee column, KRW 29 April 29, 2006 in the issue date column, July 10, 201 in the payment date column, and the place and place column

(hereinafter the Plaintiff’s Promissory Notes as above are the Promissory Notes of this case).

The duplicate of the instant complaint attached by the Promissory Notes was served on May 21, 2014 to the Defendant.

[Ground of recognition] The facts without dispute, Gap evidence 1, Eul evidence 1 to 3 (including the number with which each number is attached), witness C of the first instance trial, witness C of D and the purport of the whole pleadings

2. Claims and judgments.

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