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(영문) 서울중앙지방법원 2016.09.28 2016나29936
약속어음금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. In full view of the purport of the argument as to the cause of the claim in subparagraph 2’s statement, the Defendant issued, on January 17, 2007, a promissory note with a face value of KRW 20 million, the Plaintiff, the place of issuance, and the place of payment, each of the Seoul Special Metropolitan City, the place of payment, and the date of January 17, 2010 (hereinafter “instant promissory note”) to the Plaintiff, and then a notary public may recognize the fact that the said promissory note was prepared and issued by a notary public under subparagraph 9 of the No. 9 of the No. 2007, a certificate containing a declaration of intent to recognize compulsory execution, and thus, barring any special circumstance, the Defendant is liable to pay the Plaintiff a promissory note amount of KRW 20 million and damages for delay.

2. Judgment on the defendant's assertion

A. First, the Defendant asserts to the effect that, on the condition that the Defendant acquired the right to move into apartment at 25.7 square meters (hereinafter “the right to move into apartment, the Defendant paid the instant promissory note to the Plaintiff on the condition that the Defendant would acquire the right to move into apartment at 25.7, the Defendant

In full view of the purport of the argument in the statement Nos. 1 through 10, the Defendant purchased from the Plaintiff on December 13, 2006 the building 41.3 square meters without permission (hereinafter “instant building”). The Plaintiff and the Defendant agreed on January 17, 2007 to the effect that “if the instant building was removed by the urban planning project of Jung-gu Seoul and supplied by Seoul (hereinafter the Defendant) the right to move into the instant housing site development zone, the Defendant would pay KRW 20 million to the Plaintiff (hereinafter “instant payment agreement”). However, on January 22, 2008, the Plaintiff and the Defendant filed a lawsuit against the Plaintiff and the Defendant, etc. as Seoul Central District Court No. 2008Kadan3777, and the Plaintiff and the Defendant won the case (hereinafter the Plaintiff and the Defendant).

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