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(영문) 수원지방법원 2016.02.05 2013가합21126 (1)

어음금

Text

1. The Plaintiff, Defendant B’s KRW 300,000,000, as well as 20% per annum from August 14, 2013 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff, the mother of the Defendants, lent 3.5% interest rate of KRW 100 million on August 7, 2006 to Nonparty D, the Defendant’s mother, to Nonparty D on December 31, 2006 without having set the due date for payment, and on August 18, 2006, KRW 250 million on December 31, 2006 without having set the due date for payment; KRW 150 million on March 21, 2007, the interest rate of KRW 3% on March 21, 2007; KRW 100 million on June 18, 2008, without setting the due date for payment; and on October 19, 2007, transferred KRW 150 million without having set the due date for payment at KRW 150 million.

(B) In addition, the Plaintiff asserts that there exists a interest agreement of 3% per month on the loans worth KRW 250 million, but, in the description of evidence No. 8-2, “this portion of “the third part of interest per month” is difficult to believe as it was later written on the land and there is no clear evidence to acknowledge the existence of the above interest agreement, and thus, the Plaintiff’s above assertion is without merit).

On February 27, 2009, Defendant B issued one copy of the Promissory Notes, each of which is KRW 300 million for the Plaintiff, the Plaintiff, the date of payment, the place of payment, the place of payment, the place of payment, and the place of payment (hereinafter “ Promissory Notes 1”) in order to guarantee D’s respective loans and the obligation for the acquisition price (hereinafter “debts 1, 2, 3, 4, and the obligation for acquisition price”).

C. On April 20, 2009, Defendant C issued a copy of D’s 1,2,3, and 4 L’s 170 million won and delivered to the Plaintiff a promissory note, each of which is KRW 170,000,000,000 for the payee, the Plaintiff at the face value, KRW 17,000,000,000,000 for the payment date, the place of issue, the place of payment, and the place of payment (hereinafter “the Promissory Notes 2”).

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 (2013, 21126 and 2013, 27797), 8-1, 2 (part), 3, 4 and 9-1 of the evidence Nos. 8, part of the evidence Nos. 1, 4 and 9, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Plaintiff shall be subject to the judgment.