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(영문) 수원지방법원안산지원 2015.08.20 2014가합23390

대여금

Text

1. The Defendant C Co., Ltd is entitled to refund each promissory note from the Plaintiff, set forth in [Attachment 1] No. 1 to 6.

Reasons

1. The defendant B is the representative director of the defendant C Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") who is the plaintiff's high-speed side.

D Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) issued four copies of promissory notes equivalent to the total face value of KRW 1,257,934,725 (hereinafter collectively referred to as “each of the instant promissory notes”) as indicated in [Attachment 1] Nos. 1 through 14. The Defendant Co., Ltd. received each of the instant promissory notes from Nonparty Co., Ltd., and subsequently endorsed and transferred them to the Plaintiff, without exempting the preparation of the protest.

On March 20, 2014, Nonparty Company filed an application for commencement of rehabilitation procedures with Suwon District Court 2014hap27, and received the decision for commencement of rehabilitation procedures on April 29, 2014, and the decision for rehabilitation plan on July 9, 2015, respectively.

On April 8, 2014, the Plaintiff presented a payment proposal for each of the instant promissory notes, but each of the instant promissory notes was rejected on the ground of the legal limitation of payment.

[Ground for recognition] Unsatisfy, each entry in Gap evidence 8 (including branch numbers), and the purport of whole pleadings

2. Determination as to the Plaintiff’s claim for loans to Defendant B and Defendant Company

A. The summary of the Plaintiff’s assertion 1) The Plaintiff’s summary of the Plaintiff’s assertion lent Defendant B with KRW 1,241,796,125 (i.e., KRW 180,00,000 (= KRW 80,000,000) KRW 287,613,613,900 KRW 352,768,625 won and KRW 71,412,60) as follows. The Defendant Company, by endorsement on each of the promissory notes of this case, jointly and severally guaranteed KRW 1,01,727,075 out of the above loans. Since the Plaintiff’s summary of the claim was limited to KRW 44,80,950, KRW 3,848,50, KRW 500, KRW 800, KRW 400, KRW 4000, KRW 5000, KRW 27,000, KRW 4000, KRW 2000.