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(영문) 서울동부지방법원 2019.01.11 2018가단6458
어음금
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 150,000,000 as well as to the day of full payment from June 12, 2018.

Reasons

1. In full view of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 through 4, the defendants can be found to have issued and delivered respectively a promissory note No. 506 of 10 million won in face value (No. 506 of 2014) and a promissory note No. 50 million in face value (No. 507 of 2014), which is December 30, 2014, respectively, to the plaintiff on June 3, 2014.

2. The party's assertion and judgment as to it

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly obligated to pay to the Plaintiff a total of KRW 150 million, and to pay damages for delay at the rate of 15% per annum from June 12, 2018 to the date following the delivery of a copy of the application for the instant payment order, barring special circumstances.

B. The Defendants’ assertion as to the Defendants: (a) while establishing a corporation E, the Plaintiff was in charge of actual representative and Defendant C’s representative director; (b) the Plaintiff-gu invested KRW 50 million; and (c) the Plaintiff loaned KRW 100 million from F; (b) the Plaintiff, as the Plaintiff’s difficulty, was forced to prepare the Promissory Notes due to the Plaintiff’s finding of the Defendants and assault and intimidation; (c) however, around 2013, the Plaintiff lent the Plaintiff’s money of KRW 350 million to Defendant C to establish and operate E; (d) Defendant C embezzled profits in his own name of Defendant B; and (e) Defendant C embezzled profits with Defendant B’s passbook; and (e) drafted the instant notarial deed as to KRW 150 million, which is part of the Plaintiff’s loans of KRW 350 million,000,000,000.

There is no evidence to acknowledge this.

3. Thus, the plaintiff's claim against the defendants is justified.

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