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(영문) 수원지방법원 2016.07.21 2014나46430
어음금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

(a) The facts below the findings of recognition do not conflict between the parties, or are recognized by adding the whole purport of the pleadings to each entry in Gap evidence 1 to 4.

① The Defendant, together with C, issued a promissory note with C, with the maturity payment of KRW 7,00,000,000 on July 21, 2009, and with the maturity payment of KRW 7,000,000, gender-nam City, the payee, the Plaintiff, and the Plaintiff.

② The Defendant, together with C, issued a promissory note with C, which consists of KRW 35,00,000 on August 26, 2011, the maturity blank, the payment blank, the Sungnam-si in the place of payment, the payee, the Plaintiff, and the issuer, and the Plaintiff.

③ Around January 16, 2012, the Plaintiff lent KRW 2,000,00 to the Defendant.

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff, jointly with C, 42,00,000 won with each of the bills of exchange as of July 21, 2009 and August 26, 201, and the above money as of July 26, 201, after a duplicate of the bill of exchange was served on the Defendant, and as of November 7, 2014, as the Plaintiff seeks from July 26, 2014, the date when the copy of the bill of exchange was served on the Defendant, 6% per annum under the Bills of Exchange and Promissory Notes Act until November 7, 2014, and 20% per annum as stipulated under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day until the day when the full payment is made. The Defendant is obligated to pay the amount of money borrowed 2,00,000 won and 20% per annum from July 26, 2013 to the day when the judgment of first instance is rendered.

2. Judgment on the defendant's assertion

A. On August 26, 2011, the Defendant asserted that there was a false declaration of intention regarding a promissory note as of August 26, 201, and that the Plaintiff and the Plaintiff’s denying person D were the Defendant to be investigated by the Defendant as the criminal suspect of the fraudulent case. The Defendant’s issuance of a promissory note will assist the Defendant to return the promissory note upon the completion of the investigation. The Plaintiff is in any cause attributable to the Plaintiff on August 26, 201.

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