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(영문) 서울중앙지방법원 2019.08.21 2018가단5261097
대여금
Text

1. The Defendant’s KRW 75,00,000 as well as the Plaintiff’s KRW 25% per annum from July 19, 2011 to February 7, 2018, and the following.

Reasons

1. Facts of recognition;

A. On June 14, 2011, the Defendant endorsed and discounted the amount of KRW 100,100,000 (hereinafter “the Promissory Notes”) issued on June 13, 201 by the issuer C Co., Ltd. (hereinafter “C”) to the Promissory Notes (hereinafter “instant Promissory Notes”) and endorsed the instant Promissory Notes as the representative of D Co., Ltd. (hereinafter “D”).

B. When the Promissory Notes in this case was closed and settled as a result of the shortage of deposits on July 18, 201, the Defendant: (a) on July 19, 201, confirmed and acknowledged that, “the Defendant borrowed KRW 75,000,000 from the Plaintiff,” and “the Defendant borrowed KRW 75,000,000 from the Plaintiff,” along with the interest rate of the borrowed principal on July 19, 2011; and (b) on July 25, 201, the fact that “the Defendant borrowed KRW 75,000,000 from the Plaintiff. The Defendant of the Promissory Notes in this case was liable as the endorser of the Promissory Notes in the capacity of the Plaintiff, and the Defendant borrowed KRW 75,00,000 from the Plaintiff, the period of direct transfer to C; and (c) the Defendant written the loan certificate and the written promise to pay (hereinafter “instant instrument”).

C. The instant certificate contains the resident registration number of the Defendant, and the Promissory Notes, the copy of the Defendant’s resident registration certificate, and D’s business registration certificate are attached to the instant certificate itself, and only D’s seal impression is affixed to the instant certificate, but the documents of the resident registration certificate and the employee identification documents of the corporation are affixed with the signature and seal of the Defendant’s name.

On July 19, 2011, the Plaintiff remitted KRW 75,000,00 to C according to the content of the instant deed.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 75,000,000 and interest or delay damages thereon, unless there are special circumstances.

B. The defendant's assertion is judged.

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