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(영문) 서울서부지방법원 2016.11.04 2016나2271

대여금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked and above.

Reasons

1. Facts of recognition;

A. On October 5, 2011, the Plaintiff received a endorsement and transfer of promissory notes (hereinafter “instant promissory notes”) issued by C from the Defendant, with the face value of KRW 60 million, and the due date of payment as of December 30, 201.

B. After that, on November 5, 2011, the Plaintiff returned the Promissory Notes to the Defendant, and received a written confirmation from the Defendant that “The said Promissory Notes are duly received, and the settlement of the said Bills is made as of November 17, 2011.”

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Plaintiff offered the instant promissory note as collateral and lent KRW 60 million to the Plaintiff, thereby seeking the payment of the loan.

In this regard, the defendant asserts that the amount borrowed from the plaintiff is KRW 30 million, and the amount of KRW 10 million among them is KRW 10 million, which the plaintiff paid to D on behalf of the defendant.

B. On September 201, the Plaintiff borrowed KRW 100 million from D with the Defendant’s introduction, and agreed to pay KRW 100,000,000,000 to KRW 87,000,000,000,000 for prior interest, and one month after the due date.

B) On September 17, 201, the Plaintiff lent part of the loans borrowed from D to the Defendant on September 17, 2011 (a dispute over the amount of loans lent by the Plaintiff to the Defendant is as follows:

(C) On October 12, 2012, the Plaintiff filed a criminal charge against the Defendant as a crime of fraud. The Plaintiff stated to the effect that the investigative agency lent KRW 38 million to the Defendant, and that the Plaintiff was paid KRW 60 million, including commission and interest (a fee and interest paid by the Plaintiff upon borrowing KRW 100 million via the introduction of the Defendant) and interest (3%), and that the instant promissory note was received as security.

(No. 5-8) D. The defendant shall do so.