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(영문) 서울중앙지방법원 2015.09.24 2014가합51096
어음금
Text

1. The Defendants together with the Plaintiff amounting to KRW 450,000,000 and the period from August 12, 2014 to September 24, 2015.

Reasons

1. Basic facts

A. On January 21, 201, the Defendants jointly issued a promissory note No. 500,000,000 won in face value, and the payee’s issuance of a promissory note No. 1 with the Plaintiff and the due date as of July 21, 2011 to recognize compulsory execution (hereinafter “instant promissory note No. 1”); and the Plaintiff transferred KRW 500,000,000 to the account of Defendant B Co., Ltd. (hereinafter “Defendant B”).

B. At the time of the preparation of the authentic deed of the Promissory Notes, the representative director of the Plaintiff was D, and Defendant C was one of the joint representative directors of Defendant B.

C. On June 12, 2012, Defendant C prepared a notarial deed of promissory notes in this case with the payment period fixed from the Plaintiff on July 21, 2011, and the interest amount of KRW 500,00,000 from the Plaintiff on July 21, 2011. However, Defendant C had the payment period extended and did not pay interest. Defendant C had the payment period extended until September 27, 2012 (hereinafter “each letter of this case”); Defendant C had the joint and several debt obligations of Defendant C under each of the respective letters of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 3-1-5, Gap evidence 6-6, the purport of the whole pleadings

2. According to the facts of the above recognition as to the cause of the claim, the Defendants jointly have the obligation to pay the Plaintiff KRW 500,000,000 and the delay damages therefrom in accordance with the notarial deed of the Promissory Notes in this case, unless there are special circumstances.

3. The defendants' assertion and judgment

A. The assertion is not a loan but a loan of KRW 500,000,000 issued by the Plaintiff in accordance with the Notarial Deed of Promissory Notes of this case to the Defendants, and it is the money invested by the Plaintiff in the business that Defendant C lends money to a third party for gambling and receives interest, etc.

(1) In addition, D, which was the representative director of the Plaintiff, is also used for the business of lending KRW 500,000,000 as gambling funds and receiving interest.

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