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(영문) 서울동부지방법원 2016.04.29 2015나214
어음금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the participant who accepted the plaintiff KRW 26,046,131 and this.

Reasons

1. Basic facts

A. On October 28, 2008, the Defendant borrowed KRW 30 million from October 28, 2008 to the Plaintiff on October 28, 2008, the loan certificate (Evidence A or 5-2) stating that the Plaintiff shall be held liable for civil and criminal liability at the time when repayment is made. The Defendant drafted the loan certificate (Evidence A or 5-2). At the bottom of the above loan certificate, the front side of the cashier’s checks was copied.

On December 4, 2013, the Plaintiff applied for a payment order as Seoul East Eastern District Court 2013Guj9284 with the loan repayment claim indicated in the loan repayment certificate as of October 28, 2008 as the source of claim on December 4, 2013. The above case continues to be in Seoul East Eastern District Court 2014Kadan5198 upon application for the lawsuit.

B. Each loan certificate No. 1 drawn up from February 6, 2009 to March 4, 2009) The Defendant signed on February 6, 2009, stating that “the confirmation that the amount was received” at the bottom of the document copied on the front of the cashier’s checks was affixed (Evidence No. 6-1) and stated that “the Defendant borrowed KRW 20 million from February 13, 2009 to March 19, 2009” and signed it to the Plaintiff (Evidence No. 6-2). The Defendant drafted on February 13, 2009, “the borrowing of KRW 20 million from February 13, 2009 to March 19, 209.”

3) On February 17, 2009, the Defendant drafted a loan certificate (Evidence A or 6-3) stating that “15 million won is to be borrowed on February 17, 2009 and to be repaid on March 24, 2009.” On February 27, 2009, the Defendant borrowed KRW 30 million on February 27, 2009 and to be repaid on April 3, 2009 (Evidence A or 6-4-4). However, on the upper part of the above loan certificate, the Defendant copied the front cashier’s checks of KRW 10 million each serial number.

5) On March 4, 2009, the Defendant drafted the certificate of borrowing (Evidence No. 6-5) stating that “The Defendant shall borrow KRW 15 million on March 4, 2009 and repay it by April 8, 2009.”

C. On March 19, 2009, the Defendant’s authentic deed of a promissory note as of March 19, 2009 is the Plaintiff on March 19, 2009, the amount of KRW 60 million, and the payment date.

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