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(영문) 서울중앙지방법원 2015.06.09 2014가단61836

약속어음금

Text

1. Defendant B shall pay to the Plaintiff KRW 27,00,000 as well as 20% per annum from October 22, 2014 to the date of full payment.

Reasons

1. Defendant B;

A. The Plaintiff was the business owner of D Co., Ltd. (hereinafter “Plaintiff”) who actually operated as an individual business entity.

Since Defendant B entered the Plaintiff Company on February 2004, Defendant B embezzled advertising expenses collected from its customers (the advertising owner) and acquired money by deceiving the Plaintiff, thereby causing financial loss to the Plaintiff.

Accordingly, around February 2005, Defendant B agreed to pay to the Plaintiff KRW 27 million (hereinafter “instant contract amount”) under the pretext of loans and damages among them.

In relation to this, Defendant B is jointly signed by himself and Defendant C on February 4, 2005, with a face value of 27 million won per the payee of the Plaintiff Company (hereinafter “instant Promissory Notes”).

In light of all the circumstances revealed in the instant case, Defendant B is obligated to pay to the Plaintiff, an employer of the Plaintiff Company, the amount of the instant agreement, and then issue the instant promissory note to the Plaintiff as evidence thereof) Accordingly, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from October 22, 2014, the day following the delivery of the copy of the instant complaint, as requested by the Plaintiff, to the day of full payment, as well as from October 22, 2014, to the day of full payment.

(b) Judgment by means of a recent service by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Defendant C’s assertion to the effect that “Defendant C, the father of Defendant B, was jointly and severally liable for the instant agreed amount to the Plaintiff, and Defendant C, the father of Defendant B, was jointly and severally liable for the instant agreed amount.”

In light of the purport of the entire pleadings, Defendant C’s seal affixed to the issuer column of the Promissory Notes, but the Promissory Notes in this case are deemed to have been affixed.