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(영문) 서울동부지방법원 2015.02.06 2014나6581
대여금등
Text

1. Of the judgment of the first instance court, KRW 58,200,000 against the Plaintiff and its related thereto are from January 8, 2014 to February 6, 2015.

Reasons

1. Facts of recognition;

A. On January 25, 2004, the Defendant issued and delivered to the Plaintiff one copy of each Promissory Notes (hereinafter “each Promissory Notes of this case”) under the name of the Plaintiff, the payee, the Plaintiff, the face value of KRW 35,000,000, and KRW 25,000,000.

B. The term “the date of payment” of each of the Promissory Notes of this case is blank, and the name and resident registration number of C, the Defendant’s spouse, and C’s “the place of payment” column is indicated respectively, and C’s address is indicated in the “place of payment” column.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion determined that a total of KRW 52,800,000 from February 17, 2003 to April 12, 2003 was 2% per month interest.

On January 25, 2004, the Defendant and C agreed to jointly and severally pay the Plaintiff the total of KRW 52,800,000,000 and its interest KRW 60,200,000, and each of the Promissory Notes was issued and delivered.

Therefore, the defendant is jointly and severally liable to pay C the above loan or agreed amount of KRW 60,000,000 and damages for delay.

(2) In addition to the purport of the arguments in Gap evidence Nos. 1-1, 2, 3, and 3 through 5, the plaintiff loaned money to the defendant several times as of Feb. 17, 2003: 6,60,000 won on Feb. 25, 2003; 17, Mar. 17, 2003; 20, Mar. 20, 2003; 2,000,00 won on Apr. 5, 200, respectively; according to the plaintiff's request, the defendant issued and delivered each of the above promissory notes to the plaintiff on Jan. 25, 2004; 2,00,000 won on Feb. 17, 200, 2005; 3,005,000 won on Feb. 14, 2005; and

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