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(영문) 서울동부지방법원 2015.11.20 2014가단133482

어음금

Text

1. The Defendant’s KRW 3,443,073 as well as the Plaintiff’s annual rate of 5% from September 19, 2014 to October 19, 2015.

Reasons

1. Basic facts

A. On December 12, 2013, the Defendant written an investment contract, stating the name, resident number, address, and contact number of the Defendant in “B” column of the following investment contract with the Plaintiff as “A” and C Co., Ltd (hereinafter referred to as “C”), D, Defendant, and E as “B” (hereinafter referred to as the “instant investment contract”).

1. The purpose of this contract is to invest money by “A” in raising operating expenses necessary for the operation of “B”.

② Investment amount of Party A is KRW 10 million, the investment period is one month, the repayment amount is KRW 30 million, and the repayment date of the investment amount is January 12, 2014.

(3) In order to guarantee investment money, B shall affix its seal to A and deliver notarized promissory notes.

(4) The payment of investments shall be made to the new bank account (F) of C, and the repayment of investments shall be made to the Plaintiff’s national bank account (G).

(5) A shall exercise the right to demand legal reimbursement immediately at the time when Eul becomes due for the repayment of investment funds, and compensate for three times the amount of the investment funds repayment agreement, and A may claim three times the amount of the redemption agreement as damages.

B. On December 12, 2013, the Defendant signed a promissory note and a notarized delegation letter: (a) stated the name and address in the issuer column and the address column of each issuer’s address on the issue date and payment date; (b) the payee; and (c) the face value in blank; and (c) delivered the Plaintiff’s agent H.

(hereinafter referred to as the Promissory Notes of this case) In addition, on the same day, the Defendant entered the Defendant’s name and the name in the delegating column of the letter of delegation stating that “I delegate all the authority regarding the preparation and commission of authentic deeds to the effect that I do not object to compulsory execution.”

(No Notarial Deed of Promissory Notes shall be made in the Promissory Notes and Notarial Notes).

The joint issuers and joint debtors’ signatures and seals, while C, D, and E, on December 12, 2013.