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(영문) 서울남부지방법원 2015.02.05 2014가단31794

손해배상

Text

1. The Defendant’s KRW 42,500,000 per annum for the Plaintiff and 5% per annum from November 12, 2014 to February 5, 2015.

Reasons

1. Basic facts

A. On October 4, 2010, the Defendant issued, on October 4, 2010, a promissory note with a face value of 36,500,000 won in Seoul Special Metropolitan City (hereinafter “ Promissory note 1”) to the Plaintiff, and on the same day, a notary public drafted and issued a notarial deed with a law firm 98 in 2010.

B. On October 8, 2010, the Defendant issued to the Plaintiff a promissory note with a face value of KRW 6 million at the face value of the Seoul Special Metropolitan City (hereinafter “instant promissory note”) on October 8, 2010, the date of issue, sight payment, the place of payment, and the place of payment. On the same day, a notary public drafted and issued a notarized deed with a law firm No. 101, 2010.

[Grounds for recognition] 1 and 2 of evidence A7-1 and the whole purport of the pleading

2. Determination on the cause of the claim

A. According to the above facts as to the claim for the amount of the bill, the Defendant is obligated to pay the Plaintiff the sum total of KRW 42,500,000 and delay damages.

(B) On January 15, 2015, the Plaintiff stated to the effect that, at the third date of pleading, the cause of the instant claim was sought for the payment of bills, loans, and damages for delay thereof.

With respect to a loan claim, the Plaintiff asserted that between December 201 and March 2012, 201, the Plaintiff lent KRW 17,500,000 to the Defendant for business purposes of C, and filed a claim for the return of the loan.

On December 201, 201, the statement of evidence No. 1 was merely an agreement that the Defendant agreed to complete the establishment registration of a mortgage over the maximum debt amount of 80,000,000 won with respect to promissory notes, damages, and expenses disbursed as expenses with respect to the secured debt to the Plaintiff, and accordingly, it can be recognized that the establishment registration of a mortgage over the real estate owned by the Defendant was completed, and that the amount claimed by the Plaintiff was lent to the Defendant.