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(영문) 광주지방법원 2019.06.13 2018나61375

약속어음금 청구

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

On October 30, 2006, the Plaintiff asserted as to the cause of the claim issued a promissory note in Gwangju Metropolitan City (hereinafter “first Promissory note in this case”) which is Gwangju Metropolitan City, in order to secure the payment of principal by lending KRW 22,00,000 to the Defendant (hereinafter “the bonds in this case”).

At the time of lending the above money, the Plaintiff first received the principal from the Defendant, and agreed to receive the interest equivalent to 15% per annum after the principal was fully paid.

On March 2008, the Defendant, while paying part of the principal, prepared and delivered to the Plaintiff a promissory note (hereinafter “instant promissory note”) with a face value of KRW 22,00,000 for the purpose of paying interest on the above bonds (e.g., issuance date, place of payment, and place of payment).

The Plaintiff was fully repaid the principal of the instant bonds through compulsory execution, lawsuit, etc. from around 2008 to December 2016. On or around March 13, 2017, the Plaintiff presented a payment proposal to the Defendant by supplementing the issue date, payment date, place, place of payment, place of payment, and place of payment of the Promissory Notes. However, the Defendant refused payment.

Judgment

In full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1 through 14 (including the numbers of serial numbers; hereinafter the same shall apply), the defendant, around October 30, 2006, issued the first bill of commitment in this case by borrowing KRW 22,00,000 from the plaintiff around October 30, 2006, and on March 3, 2008, a notary public prepared and delivered to the plaintiff a notarial deed (hereinafter referred to as the "notarial deed of this case") with executory power over the first bill of this case as of March 3, 2008, ② the defendant issued the second bill of this case with face value No. 22,00,000,000, issue date, date of issuance, date of payment, and place of payment as well as the first bill of this case.