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(영문) 서울중앙지방법원 2013.08.08 2012가단168757
약속어음금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from July 10, 2012 to the day of full payment.

Reasons

1. Evidence 1, B, and the purport of the whole pleadings, which have been recognized;

A. The Plaintiff was required to lend money from the Defendant who is engaged in the construction business several occasions, and borrowed money from the Defendant, the wife C, E, high-speed village E, and his wife F, and was established a collateral security or issued a receipt or cashier’s check. In the event the Defendant did not repay the borrowed money on the agreed date, the Plaintiff was issued a promissory note stating the amount of the unpaid interest up to that time in full or in part as face value.

B. Around November 2007, the Defendant signed and sealed the Plaintiff’s signature and sealed on the issuer’s column for the repayment of the existing obligation, and delivered a promissory note to the Plaintiff. The Plaintiff supplemented the said promissory note to the Plaintiff on July 26, 2010, the payment date of KRW 250 million, the payment date of KRW 26,000,000, the Seoul Special Metropolitan City, the payee, and the date of issuance.

2. The allegations by the parties and the judgment of this court

A. In full view of the purport of the argument in the evidence of the Plaintiff’s loan claim (1) as of February 14, 1995, the Plaintiff loaned funds from C on February 14, 1995, the Plaintiff loaned KRW 20 million to the Defendant on February 14, 1995, which was set at an interest rate of KRW 2% per month, and KRW 20 million after three months from the date of the borrowing date. To secure this, the Defendant completed the registration of establishment of mortgage (hereinafter “the instant building”) with the maximum debt amount of KRW 26 million against the Defendant, 104, Dong-dong, Seoul Special Metropolitan City, Nowon-gu, and 104 (hereinafter “the instant building”). At the Plaintiff’s request, it can be acknowledged that the Defendant delivered a promissory note with a face value of KRW 26 million to the Plaintiff.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff a loan of 20 million won and interest or delay damages at the rate of 24% per annum from February 14, 1995 to February 14, 1995.

(2) The plaintiff on February 12, 1996.

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