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Reasons
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(영문) 서울중앙지방법원 2019.10.30 2019가합529
대여금 청구의 소
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1. As to Defendant B’s KRW 40,462,328 and its KRW 25,00,000 among the Plaintiff, Defendant B shall be KRW 5,00,000 from May 2, 2002.

Reasons

1. Basic facts

A. On March 8, 2002, the Plaintiff issued to Defendant B a check of KRW 20,000 at par value, and transferred KRW 5,000,000 on April 17, 2002, and KRW 30,000,000 on May 2, 2002, and KRW 5,000,000 on July 30, 2002, respectively.

B. Defendant B issued and delivered, respectively, promissory notes with the face value of KRW 20,000,000, issue date on March 8, 2002, and face value of KRW 30,000,000, issue date on August 30, 2002, and promissory notes with the issue date on March 14, 2002, and August 30, 2002.

C. On April 24, 2003, the Defendants prepared and delivered to the Plaintiff a promissory note notarial deed stating that “the Plaintiff, face value 250,000,000 won, date of issuance, January 20, 2003, date of payment, August 30, 2003, the issuer’s issuer (“the notarial deed of this case”) is the issuer’s issuance and seal of the promissory note attached to this notarial deed by the notary public on August 759, 2003, and if the payment of the said note is delayed to the holder of the said note, the notarial deed stating that “the notarial deed of this case is not subject to compulsory execution” (hereinafter “notarial deed of this case”).

Meanwhile, the Plaintiff filed a complaint against Defendant B in fraud. Defendant B paid the Plaintiff the sum of KRW 30,000,000 on March 11, 2009 and KRW 30,000,000 on March 12, 2009. After that, Defendant B received a non-prosecution disposition by the Seoul Central District Prosecutors’ Office on April 10, 2009.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff lent KRW 10,000,000 to Defendant B, KRW 250,000,00 on February 6, 2002, KRW 20,000 on March 8, 2002, KRW 5,000,000 on April 17, 2002, KRW 30,000 on May 2, 2002, and KRW 110,000 on July 30, 2002, including interest thereon, to the Plaintiff. Defendant B prepared and issued a promissory notes and the notarial deeds of this case, including the amount of KRW 250,00,000 on July 30, 202.

Therefore, Defendant B is above the Plaintiff.

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