beta
(영문) 부산지방법원 2017.08.24 2017가단319091

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 96 million at the rate of 15% per annum from June 17, 2017 to the date of full payment.

Reasons

A. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 96 million (= KRW 10 million) and damages for delay.

(2) The Defendant did not borrow money from the Plaintiff, but there was no endorsement at the time D received a discount of a promissory note from the Plaintiff. After the refusal of the payment of the said promissory note, the Plaintiff demanded the Defendant to pay the obligation, thereby making the Plaintiff prepare the instant loan certificate to discharge his liability as an endorser.

Since the defendant paid a sum of approximately KRW 186 million to the plaintiff, there is no obligation to respond to the plaintiff's claim.

B. (1) Whether to lend a loan (A) the following facts are acknowledged in full view of the purport of the entire pleadings in the statement No. 3 as to whether to lend a loan

1) The Defendant issued to the Plaintiff a promissory note (i.e., the issuer, the Defendant, the date of payment, Aug. 15, 2003; (ii) a promissory note with a face value of KRW 15 million at the Bupyeong-dong branch of the Nonghyup Federation of Nonghyup; and (iii) a promissory note with a face value of KRW 27 million at the store of the NAF on September 16, 2003, with a face value of KRW 15 million at each of the above payment units at each of the above payment units at each of the above payment units; and (iv) the Defendant, the issuer, the Defendant, and the date of payment; and (v) the issuer, the Plaintiff, the Plaintiff, and the NAF of the NAF; and (v) a face value of KRW 15 million at each of the above payment units at each of the above payment units at each of the above payment units at each of the time, but all of them were refused due to non-payment reasons.

3) On April 21, 2008, the Plaintiff transferred KRW 10 million to C’s deposit account as seen above seems to have been requested by the Defendant. (In full view of the facts as seen earlier, the Defendant borrowed a total of KRW 100 million from the Plaintiff until September 20, 2003, and prepared the instant loan certificate concerning the repayment to the Plaintiff, and then remitted it to C’s deposit account on April 21, 2008.