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(영문) 대구지방법원서부지원 2015.05.19 2014가단6583
대여금등
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 3,00,000,000 with full payment from May 27, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

Around April 201, the Defendant issued a promissory note (hereinafter “instant promissory note”) on August 2, 201, the face value of which was KRW 33 million, and the due date of which was August 2, 2011. On May 2, 2011, U.S. Construction Co., Ltd. (hereinafter “U.S. Construction”) which was requested by the Plaintiff to discount the said promissory note, paid KRW 31 million to the Plaintiff at discount, and the Plaintiff paid KRW 30 million to the Defendant’s husband C on May 2, 2011.

On August 2, 201, the date of the payment of the Promissory Notes in this case, the Defendant received only KRW 25 million at the face value of the Defendant’s issuance, and KRW 24 million at the discounted value of the Promissory Notes (D) as of October 10, 201, and paid KRW 33 million in total, which was received from the Plaintiff on the same day.

From October 10, 201 to December 2, 2011, the Plaintiff paid a promissory note amounting to KRW 25 million, which was discounted on August 2, 2011, to the construction of the United States of America, and recovered the promissory note with KRW 25 million.

On the other hand, the defendant paid KRW 3 million to the plaintiff on March 12, 2012.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 5 (including a provisional number; hereinafter the same shall apply), each entry and shape, the assertion of the purport of the whole pleadings, and the assertion by the plaintiff C of the judgment party, upon requesting the discount of the Promissory Notes in this case, so that it may be discounted from tin Construction. At the date of the payment, the plaintiff would allow the defendant to receive a discount of the Promissory Notes in the amount of KRW 25 million issued from tin Construction, and the plaintiff would be able to directly lend the Promissory Notes in the amount of KRW 9 million and pay the Promissory Notes in the amount of KRW 25 million paid by the defendant.

Therefore, the Defendant shall pay the Plaintiff a total of KRW 9 million and KRW 25 million on behalf of the Plaintiff, and KRW 34 million on March 12, 2012, KRW 330,684, out of which payment was made on March 12, 2012.

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