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(영문) 서울동부지방법원 2015.04.10 2014나5441
대여금반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. There is no dispute between the parties to the underlying facts, or the following facts are acknowledged in full view of the purport of the entire pleadings in the statement No. 1.

A. The Plaintiff is an individual entrepreneur who sells creamble with the trade name of F, and has traded goods for several years until September 201 and C, which had been engaged in remodeling business.

B. On September 201, 201, C received promissory notes (Evidence A 1; hereinafter “the Promissory Notes in this case”) from the Defendant, who was a director of G on September 9, 201, consisting of “The Promissory Notes Number D, par value 29.7 million won, and the due date on December 9, 201, Gangwon Bank Co., Ltd., the place of payment, Hanwon Bank Co., Ltd., the issuer Han-won Co., Ltd., the primary endorsement, E (H), and the second endorsement.”

C. After September 8, 201, C, around September 201, delivered to the Plaintiff an additional endorsement on the second endorsement column of the Promissory Notes in the transactional relationship with the Plaintiff, and entered as “the subject: F account settlement; KRW 29,700,000 on the deposit of the Promissory Notes from November 9, 201; KRW 4,200,00 on the deposit of the Promissory Notes; and KRW 2,50,000 on the deposit of the Promissory Notes; and KRW 3,00,000 on the deposit date of the payment of the Promissory Notes; and KRW 2,50,000 on the deposit of the Promissory Notes; KRW 20,000 on the deposit of the Promissory Notes; and KRW 20,000 on the deposit of the Promissory Notes.”

The Plaintiff remitted KRW 20,00,000 to C immediately after the issuance of the Promissory Notes, and thereafter, the Plaintiff was asked to pay the Promissory Notes to the Bank at the place of payment on the date of payment, but the Plaintiff was refused to pay due to the issuer’s default. On February 2, 2012, C paid KRW 1,50,000 in cash to the Plaintiff who found himself and paid KRW 18,500,000 in cash, and thereafter paid KRW 6,50,000 to the Plaintiff by May 16, 2013.

2. The parties' assertion

A. The Plaintiff asserted that around September 201, at the request of the Defendant and C, the Plaintiff lent KRW 29,700,000 to the Defendant and C, and that the Promissory Notes endorsed by the Defendant and C were transferred in lieu of the loan certificate.

B. The defendant's assertion.

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