(영문) 수원지방법원 2020.09.24 2019나93547



The judgment of the first instance court is modified as follows. A.

The defendant shall pay to the plaintiff KRW 7,616,439 and its amount from August 1, 2017.


1. On November 21, 2016, the Defendant issued one promissory note of KRW 60,000 at the face value of 60,00,000 (hereinafter “the Promissory Notes”) to the Plaintiff on July 31, 2017, the date of payment, the place of payment, and the place of payment, respectively. The Plaintiff presented the Promissory Notes to the Defendant on July 31, 2018, within the time limit for the presentation of payment, but the payment was refused, and the fact that the Plaintiff currently holds the Promissory Notes is not a dispute between the parties, or can be recognized by comprehensively taking into account the entire purport of the entries and arguments in subparagraph 1.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of KRW 60,000,000 and damages for delay from August 1, 2017, which the plaintiff seeks, after the due date.

2. Judgment on the defendant's defense of set-off

A. The plaintiff, who was in custody by the defendant, sold at will one set of two-waves of the amount equivalent to KRW 90 million at the market price of KRW 90,000,000 to G and embezzled it. Thus, the plaintiff is obligated to pay KRW 90,000 to the defendant as compensation for damages caused by the tort. Thus, the defendant is set off against the amount equal to that of the plaintiff's monetary claim of this case as compensation for damages.

B. Determination 1) In full view of the existence and scope of automatic claim A (the Defendant’s damage claim against the Plaintiff), Gap evidence Nos. 5, 13, and Eul evidence Nos. 1 and the purport of the entire pleadings, the Plaintiff borrowed from the Defendant the two-wave 1 (hereinafter “instant two-wave 1”) and was in custody on May 2016, and sold at will to G at KRW 25,000,000 on August 18, 2016, and the Plaintiff was issued a summary order of KRW 5,00,000 as embezzlement as to the above criminal facts, and the above summary order became final and conclusive.