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(영문) 서울북부지방법원 2016.07.20 2015가합2786
대여금
Text

1. The Defendants jointly pay to the Plaintiff KRW 250,000,000 and the interest rate thereon from March 8, 2016 to the date of full payment.

Reasons

1. Basic facts

A. From July 2010 to June 2013, the Plaintiff transferred the sum of KRW 140 million to the E’s account representing Defendant B and Defendant C’s mother, and Defendant B’s E’s representative.

B. On June 9, 2013, Defendant C prepared a cash custody certificate stating that the Plaintiff borrowed KRW 250 million from May 2012 to May 2013, 2013.

C. On June 12, 2013, Defendant B issued and delivered a promissory note (hereinafter “instant promissory note”) to the Plaintiff from April 2, 2012 to May 2013, 2013, stating that Defendant B borrowed KRW 250 million from the Plaintiff. On the same day, Defendant B issued and delivered to the Plaintiff a promissory note (hereinafter “instant promissory note”) stating the payee, blank, face value of KRW 250,000,000, the date of payment, the place of payment, the place of payment, and the place of payment, respectively.

At the bottom of the above bill, the phrase “to pay more than a million won per month.”

After the date of issuance of the Promissory Notes in the instant case was supplemented by June 12, 2013, the Plaintiff filed a claim for the instant Promissory Notes with the application for modification of the purport of the claim and the cause of the claim as of March 3, 2016, and Defendant B was served on March 7, 2016.

[Reasons for Recognition] Defendant 1: Each entry in Gap evidence Nos. 7 through 10, 12 through 14, and Defendant 2: Service by public notice

2. Determination as to the claim against the defendant B

A. The plaintiff's assertion that the plaintiff primarily issued the Promissory Notes in this case, and since the plaintiff received and held the Promissory Notes in this case, the defendant Eul is obligated to pay the amount of 250 million won in the Promissory Notes and damages for delay thereof to the plaintiff, and as such, the defendant Eul lent the amount of 250 million won in advance to the defendant Eul, and therefore, the defendant Eul is obligated to pay the loan amount of 250 million won in the amount of loan and damages for delay to the plaintiff.

B. According to the above findings of the determination as to the claim for a promissory note payment, special circumstances exist.

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