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(영문) 서울북부지방법원 2015.11.26 2015가합23172

어음금

Text

1. The Defendant’s KRW 234,904,107 as well as 6% per annum from November 8, 2014 to November 26, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On April 21, 201, the Plaintiff lent a total of KRW 300 million to the Defendant on April 21, 201, and KRW 300 million on April 28, 2011, and the Defendant agreed to pay KRW 600 million to the Plaintiff.

B. 1) On April 18, 201, the Defendant issued promissory notes with the maturity of KRW 600 million on April 18, 201, the issue date and the payment date October 21, 201, the Seoul Special Metropolitan City, the issue date of the issuance date, April 18, 201, and the payee’s issuance date. 2) C and D jointly and severally guaranteed the Defendant’s above loan obligations against the Plaintiff.

C. The Plaintiff received reimbursement of KRW 300 million from C on October 4, 2013, KRW 150 million on November 5, 2013, KRW 130 million on November 30, 2013, and KRW 130 million on November 30, 2013.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

2. Determination

A. According to the above facts, the Plaintiff leased KRW 300 million to the Defendant at the rate of 200% per annum of October 21, 201, and the Defendant issued a promissory note with a face value of KRW 600 million to secure the payment of the above loan, and thereafter, the Plaintiff was paid KRW 300 million for the repayment of the loan from C Co., Ltd., a joint guarantor. Since there is no evidence to prove that there was an agreement or designation on the payment of the above loan, the above amount of KRW 300 million paid by C shall be appropriated according to the standard for statutory appropriation of payment under Article 479(1) of the Civil Act: Provided, That according to Article 2(1), (2) and (3) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201) and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 20181, Jun. 31, 2018).