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1. The Defendant’s KRW 183,700,000 for the Plaintiff and 5% per annum from May 21, 2016 to January 18, 2017.
Reasons
1. Basic facts
A. The Defendant, like the Nos. 3 through 10 of the attached Table Nos. 3 to 10, issued a loan certificate to the Plaintiff with the purport that the Defendant borrowed money from the Plaintiff respectively (hereinafter “each of the instant loan certificates”).
B. On July 6, 2010, C Operation D issued to the Plaintiff a check number of 60,000,000 per face value (the check number E; hereinafter “instant check”). On the back of the said check number, the Defendant endorsed on the back of the said check number.
After that, the face value of the instant check was modified to KRW 40,000,000.
C. On July 23, 2010, the above D issued a promissory note of KRW 50,000 at par value (hereinafter “instant Promissory Notes”) and the Defendant endorsed on the back side of the said Promissory Notes on July 22, 2010.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 12 (if there are serial numbers, including various numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. As to the claim on the loan Nos. 1 and 2 of the attached Table Nos. 1 and 2, the Plaintiff loaned KRW 40,000,000 to the Defendant as security on July 7, 2010, and on July 28, 2010, lent KRW 50,000 to the Defendant as security the bill of this case. Thus, the Defendant asserts that he is liable to pay the above principal and interest on delay to the Plaintiff.
Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2: ① A received the instant check and the discount of the instant bill from the Plaintiff upon the Defendant’s introduction; ② on July 7, 2010, the Plaintiff deposited KRW 58,200,000 in total with the amount of discount of the instant check to G account used by the Defendant, and the Defendant remitted KRW 58,375,00 to D on July 12, 2010; ③ the Plaintiff deposited KRW 48,50,000 in total with the amount of discount of the instant bill as of July 28, 2010; and ③ the Defendant deposited KRW 48,50,000 in the amount of discount of the instant bill as of July 28, 200.