beta
(영문) 광주지방법원 2015.05.21 2014가단28232

대여금

Text

1. Defendant C and Defendant D shall jointly and severally serve as KRW 54,750,000 on the Plaintiff and as a result, from February 20, 2005 to August 2, 2014.

Reasons

1. The statement No. 1 No. 1 of the judgment as to the claim against the defendant C and D [the defendant C is liable to prove the fact that the content of the document is based on the legitimate title delegated by the name holder of the document in case of a document to supplement the blank part after receiving the document in blank part from the person who is not the name holder of the document, and then receiving it from the name holder of the document (see Supreme Court Decision 2006Da2421, Mar. 30, 2007), and the statement No. 3-4 of the evidence No. 3-4 and the purport of the whole pleadings and arguments as to the above defendant C as the representative director.

(2) In order to obtain the discount of bill, the above Defendant’s endorsement of a promissory note amounting to KRW 54,750,000 at the face value issued by the non-company-free corporation on November 21, 2004. The above Defendant may recognize the fact that: (a) on May 26, 2006, the Plaintiff prepared a letter of payment with the intent to pay KRW 60,000,000 to the Plaintiff and E until December 11, 2006; and (b) according to the above facts of recognition, it can be confirmed that Defendant C knew of the above certificate of borrowing or delegated the right to supplement the blank to the Plaintiff; (c) the above assertion is without merit, but there is no defense that the above certificate of borrowing was altered, and there is no evidence to acknowledge this, and thus, Defendant C cannot be recognized as having agreed to pay the above amount to the Plaintiff on November 27, 2004, since it delivered the above promissory note to the Plaintiff on November 27, 2004.