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(영문) 인천지방법원부천지원 2016.03.25 2015가단114984

청구이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 2014, Nonparty C requested to lend KRW 6,000,000 from the Plaintiff, a dong high school, and requested the Defendant to lend KRW 10,000 with the Defendant “Plaintiff want to borrow KRW 10,000,000.”

B. When the Defendant expressed to C the intent to lend the money requested on the premise of the preparation of authentic notes and the provision of collateral, C knew to the Plaintiff.

C. Accordingly, on July 4, 2014, the Plaintiff issued a promissory note (hereinafter “instant promissory note”) with a face value of KRW 15,00,00,000 at a sight, and the issue date as of July 4, 2014, with a maturity of payment as of July 4, 2014, and the Defendant, the obligor, and the issuer are the holders of the instant promissory note, and when delay in the payment of the said note, a notary public, who recognizes and recognizes that there is no objection even if he/she is immediately subject to compulsory execution, issued a promissory note No. 664, 2014 (hereinafter “instant authentic deed”) to the Defendant.

On July 4, 2014, the Plaintiff created a collateral security with a maximum debt amount of KRW 15,000,000 with respect to D 1,000 square meters owned by the Plaintiff, in order to secure the payment of the instant promissory note debt to the Defendant.

E. Upon receipt of a promissory note preparation and security offer, the Defendant immediately transferred KRW 10,000,000 to C’s spouse E account that was consulted with the Plaintiff, and C remitted KRW 5,00,000 to the Plaintiff, and granted KRW 1,00,000 to the Plaintiff in cash.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 5, Eul evidence 1 and 2, Eul witness C's testimony, the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff’s assertion (as the Plaintiff claimed to determine the order of determination, it shall follow the order) 1 fully pays to C the amount of KRW 6,00,000,00.