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(영문) 서울고등법원 2017.12.06 2016나2088194

청구이의

Text

1.The judgment of the first instance shall be modified as follows:

The defendant's District Court 2015 tea 22912 against the plaintiff A.

Reasons

1. Basic facts

A. On April 1, 201, the Defendant borrowed KRW 550 million from the Agricultural Cooperatives, Seoul Livestock Industry Cooperatives (hereinafter “the Livestock Cooperatives”), and D guaranteed the above loan obligations against the Livestock Cooperatives.

On the same day, the Defendant lent the above loans to D, and D agreed to pay interest on the above loans that must be paid to the Livestock Cooperative between the Defendant and D. The Defendant issued a promissory note (hereinafter “instant promissory note”) with a blank amount of KRW 550 million at the face value.

On the other hand, the Promissory Notes of this case contains the names, resident registration numbers, and addresses of the plaintiffs, and their seals are affixed to each side of the Promissory Notes of this case.

B. Around September 11, 2015, the Defendant applied for a payment order with respect to D, including the loan of KRW 2.345 billion from the Incheon District Court Decision 2015Da22911, Apr. 1, 2011, and the amount of KRW 550 million from the date of delivery of the original copy of the payment order to the date of complete payment (However, the Defendant stated that the cause of the claim for the payment order is the loan of KRW 50 million on March 10, 2013), and on September 25, 2015, the payment order was issued and confirmed on October 16, 2015.

C. Around September 11, 2015, the Defendant filed an application with the Incheon District Court for a payment order seeking payment of KRW 550 million and damages for delay calculated at the rate of 20% per annum from the day following the delivery date of the original copy of the payment order to the Defendant, on April 1, 2011, with respect to the Plaintiff’s joint and several liability for KRW 550 million lent to D by the Defendant to D as the Incheon District Court Decision 2015 tea2912, and on September 25, 2015, the Plaintiff filed an application with the Defendant for a payment order seeking payment of KRW 550 million and damages for delay calculated at the rate of 20% per annum from the day of the delivery date of the original copy of the payment order (However, the Defendant indicated the Defendant’s lending date to D as March 10, 2013).