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(영문) 수원지방법원 2015.11.12 2015나13772

어음금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant is C’s children, C and D are de facto persons, and C and D borrowed KRW 30,000,000 from the Plaintiff on behalf of the Defendant on August 30, 201 on behalf of the Defendant (hereinafter “instant loan”), and the Plaintiff and the Defendant are the obligor, and the Defendant are the obligor, and the written agreement for a loan for consumption and mortgage contract with the Defendant as well as the written agreement for a loan for use of money with the amount of KRW 30,000,000, interest rate of KRW 30,000, and the written signature of the Defendant was affixed.

B. C and D stated the name and address of the Defendant in the “ issuer” column on the same day, and written and delivered one promissory note (hereinafter “instant promissory note”) which is both blank, with the Defendant’s seal impression affixed thereon, and issued the Defendant’s seal impression.

C. The details of money deposited and withdrawn from the bank account under the Plaintiff’s name regarding the instant case, including the payment of the instant loan, are as listed in the following table:

(Unit) On September 30, 201, the name of deposit account holder, each of which is 30,000,000 E on August 30, 201, 201, F. 6,000,000 on September 19, 2011; 5,000,000 on September 30, 201; 0.30,000 on October 15, 201; 0,000 on October 7, 200, 200; 0.30,00 on October 15, 20, 200; 10,00D on October 17, 201; 10, Defendant 10, 200 on October 5, 200, G; 1000 on September 10, 201;

2. Determination as to the cause of claim

A. On August 30, 201, the loan Plaintiff of this case, around August 30, 201, set the rate of agreement to the Defendant through his agent C and D around August 30, 201 and lent the loan of this case to the Defendant through three percent per month, and there is no dispute between the parties concerned. Thus, the Defendant is liable to pay the Plaintiff the loan of KRW 30,000,000, interest and delay damages.

(b) dated 7, 2011, November 11, 201