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(영문) 광주지방법원순천지원 2015.01.13 2014가단74692
어음금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 200,000,000, and 6% per annum from August 24, 2014 to November 4, 2014.

Reasons

On April 1, 2014, Defendant A (hereinafter “Defendant A”) delivered to the Plaintiff a promissory note amounting to Defendant A, the date of issuance, April 1, 2014, August 23, 2014, the date of payment, and KRW 200,000,000 on the above date of payment, and instead, the Plaintiff would pay the above amount on the above date of payment. Instead, on April 8, 2004, the Plaintiff would be jointly and severally liable to pay the Plaintiff a bill amounting to KRW 200,00,000 on the above date of payment, from the date following the date of payment, April 8, 2014, the date of issuance, August 30, 2014, the date of payment, KRW 200,000,000, and KRW 2000,000 on the above date, KRW 200,000,000 on the above date to the Plaintiff.

As to this, Defendant C asserts that there is no fact that the above loan certificate was drafted by coercion, and thus, it is null and void, and that even if the loan certificate is valid, it shall be borne only by the joint guarantee obligation of KRW 100,000,000 as a joint guarantee.

There is no evidence to acknowledge that there was coercion, coercion, and even if the actual amount of money was not received with respect to the loan certificate, it cannot be said that the loan certificate prepared to secure Defendant A’s obligation for the payment of the bill is null and void.

In addition, the fact that Defendant B and C prepare and deliver to the Plaintiff each of KRW 200,00,000,000, respectively, is as seen earlier. In light of the circumstances surrounding the issuance of the above bill and the preparation of the certificate of loan, the above certificate of loan is drawn up and delivered by Defendant B and C.

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