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(영문) 대구지방법원 2017.09.28 2017나4308
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The purport of the judgment of the court of first instance is stated.

Reasons

1. Basic facts

A. The Defendant received from D one promissory note (C) in the form of “amounting KRW 28.2 million,” and the due date on June 26, 2015 (hereinafter “instant promissory note”) as the payment for the construction work.

B. On June 26, 2015, the Plaintiff issued a discount on the instant promissory note to the Defendant, and the Defendant, while discounting the instant promissory note, issued a cash loan certificate to the Plaintiff with the effect that “the Plaintiff would pay KRW 28.2 million up to September 29, 2015.”

The Promissory Notes was drawn up. C. The Promissory Notes was rejected on June 26, 2015, the date of payment. [The facts that there is no dispute over the basis of recognition, the entries in the Evidence A Nos. 1 and 2, and the purport of the whole pleadings.]

2. According to the facts of the determination as to the Plaintiff’s cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 28.2 million with the loan borrowed in accordance with the loan certificate of this case, 5% per annum as prescribed by the Civil Act from September 30, 2015 to June 10, 2016, the delivery date of a copy of the bill of this case from September 30, 2015 to June 10, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Defendant did not borrow KRW 28,200,000 to the Plaintiff. The Defendant written the instant loan certificate by deception or coercion of the Plaintiff. Therefore, the Defendant is not liable for the instant loan certificate (section 1). D introduced the instant promissory note to the Defendant at a discount on the Plaintiff, and the Plaintiff trusted and discounted the instant promissory note to the Defendant. D prepared a cash loan certificate with the intent to repay KRW 28,200,000 to the Plaintiff by borrowing KRW 28,200,000,000, and thus, the Defendant is not liable for the instant loan certificate.

(No. 2). D’s endorsement on the Promissory Notes 3. The Defendant does not have any endorsement, and the Plaintiff does not have any endorsement on the Promissory Notes 4.

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