대여금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
1. The following facts may be acknowledged, either in dispute between the parties or in combination with Gap evidence 1, Gap evidence 3 to 6, Eul evidence 1, Eul evidence 3, Eul evidence 5, Eul evidence 10 (including each number), and the whole purport of the pleadings.
Preparation 1) E of the Notarial Deed of Promissory Notes on June 2000, G Co., Ltd. in Seocho-gu Seoul Metropolitan Government F (hereinafter “Nonindicted Co., Ltd.”).
(2) Around February 2003, Defendant B had been appointed as the representative director of the non-party company and operated the non-party company, the Plaintiff was forced to enforce its liability from investors, including the Plaintiff who suspected of making the non-party company’s poor management and the use of its funds.
3) Accordingly, the Defendants agreed to compensate the Plaintiff for damages with respect to the money invested by the Plaintiff in the non-party company. On March 10, 2003, the Defendants issued to the Plaintiff a promissory note with the Plaintiff at par value of 110,000,000, and on June 9, 2003, with the place of issuance and payment as Seoul, and on the same day, a notary public issued a deed pertaining thereto (hereinafter “certificate of promissory note in this case”) by No. 110, 203 on the same day.
B) Around July 2, 2003, the Plaintiff prepared and delivered the instant litigation procedure. (B) On March 10, 2003, the Plaintiff filed an application for a payment order (Seoul District Court Decision 2003Da43223, Apr. 23, 2003) with the purport that “The Defendant jointly and severally claimed that “the Plaintiff would pay to the Plaintiff 110,000,000 won and damages for delay at a rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment” (Seoul District Court Decision 2003Da4223).
2) The payment order issued upon the Plaintiff’s above request (hereinafter “instant payment order”).
On September 19, 2003, the plaintiff was served as the "J company of Seocho-gu Seoul Metropolitan Government I building 501", which was entered as the domicile of the defendants, and on May 10 of the same month.