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(영문) 서울중앙지방법원 2017.11.29 2016가합6212
대여금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 20, 207, C issued, respectively, a promissory note (Evidence A2; hereinafter “instant Promissory Notes”) to the Plaintiff and the issuer, the payee, the Plaintiff, the face value of KRW 410 million, the issue date on November 20, 2017, the issue date on June 20, 2008, the issue date on June 20, 2008, the issue date, the place of payment, and the place of payment, respectively, and (2) the issuer, the payee, the issue date, the date of payment, the place of payment, and the place of payment are the same as the Promissory Notes A, and the face value of which is KRW 60,000,000,000,000,000,000 won, respectively, with the seal of the Defendant, his husband.

C On April 10, 2008, as an agent of the Defendant, both the issuer of the Promissory Notes No. 1 and the joint issuer of the Promissory Notes, delayed the payment of the amount of the Promissory Notes No. 1 in relation to the Promissory Notes, a notary public entrusted a notary public with the Plaintiff, who is the addressee, an authorized law firm. Accordingly, the said law firm drafted a notarial deed as to the Promissory Notes No. 1 (hereinafter “notarial Deed”).

In addition, C obtained the defendant's certificate of personal seal impression on the same day and delivered it to the plaintiff with his certificate of personal seal impression.

C around April 10, 2008, around April 10, 2008, the loan certificate stating that “410 million won shall be borrowed from April 10, 2008, and interest shall be paid from May 10, 2008 to the next payment (hereinafter “the loan certificate of this case”), and deliver to the Plaintiff the certificate of borrowing (hereinafter “the loan certificate of this case”). At the bottom of the above loan certificate, the name of the Defendant may be written in addition to C’s signature and seal, and the name of the Defendant may be affixed on the back (the Plaintiff asserted that it is the Defendant’s unmanned, but there is no evidence to acknowledge it), and “B” may be written.

C around April 10, 2008, the due date for the payment of the Promissory Notes No. 2 of this case was changed to “ April 10, 2008,” and was corrected to the margin of the said Promissory Notes on April 10, 208.

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