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(영문) 서울북부지방법원 2017.01.24 2015가단10810

어음금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 30 million from May 15, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On May 31, 2011, Defendant B prepared a loan certificate (No. 2, hereinafter “instant loan certificate”) with the following content as the Plaintiff. At the time, Defendant C signed and sealed to the effect that the instant loan certificate guarantees obligations.

Defendant B shall borrow KRW 30 million from the Plaintiff, and the principal shall be repaid until March 30, 2012.

Provided, That a promissory note shall be issued and kept by the plaintiff.

The 3 million won and the interest on one copy shall be repaid at the end of each month (10 months) and if the promise is not complied with at least three times, all the commitments shall be revoked, and the balance and interest shall be paid in a lump sum.

If the promise is not observed, the interest shall be 24% per annum, and the interest shall be settled retroactively, and the defendant C who is the guarantor shall be repaid in lieu of the guarantor.

B. The Defendants jointly issued to the Plaintiff the Promissory Notes (Evidence No. 1-2, No. 1-2, No. 1-3, No. 1-2) with “the amount of the Promissory Notes amounting to KRW 30 million, the due date on March 30, 2012, and the place of payment for the place of issuance.”

In addition, Defendant B issued to the Plaintiff a deposit receipt (Evidence A No. 3) stating that “The payment was confirmed by borrowing KRW 30 million.”

On or before February 26, 201, the amount settled by May 30, 201, at the time of transaction: 13,100,000 won (Defendant B) E on March 17, 2011 (Defendant B) 10,000,000 on April 1, 201, 200 D (Defendant B) 10,000,000,000 on April 2, 201 (Defendant B) and 10,000,000,000,000,000,000,000,000, 4,80,000,000,000 or more on April 7, 201 (Defendant B), Defendant B (Defendant B), 4,80,000,000,000 won on May 23, 201 (Defendant B)

C. The Plaintiff’s deposit account transaction details (from February 26, 201 to June 2, 201) are as follows.

Defendant B, from around 2009, prior to the preparation of the instant loan certificate, had been doing the remodeling work of the “G kindergarten” operated by Defendant C from time to time. Defendant C paid approximately KRW 600 million to Defendant B as the construction price after the completion of the instant loan certificate.