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(영문) 서울남부지방법원 2017.09.28 2016가단41894

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On February 29, 1996, the Plaintiff lent KRW 28,094,00 to the Defendant, who is the head of Dong, and as a security, received one copy of the promissory note (the face value amount shall be KRW 28,094,000, and the due date shall be March 31, 1996) endorsed by the Defendant, Co., Ltd. (hereinafter referred to as “C”).

B. On March 29, 1996, the Plaintiff lent KRW 28,094,00 to the Defendant and received one copy of a promissory note (the face value of KRW 28,094,000 and the due date of April 30, 1996) endorsed by the Defendant as security.

C. On April 2, 1996, the Plaintiff lent KRW 18 million to the Defendant and received one copy of a promissory note issued by C as security (the face value of KRW 18 million, the due date, April 30, 1996).

Each of the above promissory notes was refused to pay.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 3, 4, and 7, and purport of the whole pleadings】

2. Determination

A. According to the facts acknowledged in Paragraph 1. Determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 74,188,000 and damages for delay.

B. Defendant’s assertion and judgment 1) The Defendant’s loan obligor is not the Defendant, but C operated by the Defendant.

B) Even if the Defendant’s debt against the Plaintiff is recognized, the said debt was discharged from bankruptcy or immunity, or its prescription has been completed and terminated. 2) The obligor’s assertion that the Defendant is not the Defendant, i.e., C, the judgment on the claim that the Defendant is not the Defendant, and 1-A.

paragraphs (c) and (c)

Each promissory note stated in the subsection is deemed to be a bill issued or delivered by C, but (2) the Plaintiff delivered money to the Defendant on an individual-friendly basis with the Defendant, who is the original owner, and received each promissory note, and 1.B. received in the course of a series of loans.

In light of the fact that the endorser of a promissory note stated in the Paragraph is the defendant himself, the debtor of each of the above loans is the defendant and each of the said promissory notes has been delivered to secure each of the above loans.