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(영문) 서울중앙지방법원 2017.05.19 2015가합22262
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established pursuant to the Vietnam law, and operates a hotel called "Grest Ham Strip" in the Vietnam roof.

B. The Plaintiff, around December 7, 2014, indicated to the Defendant at USD 645,160 ($645,160) in the U.S. currency, refers to the U.S. currency.

B determined at 18% per annum and lent USD 513,83 in addition to around December 8, 2014 at 18% per annum.

(hereinafter the above loans amounting to USD 1,158,993 (hereinafter “instant loans”). C.

On December 7, 2014, in order to secure the payment of the instant loan, the Defendant issued a promissory note (hereinafter “the Promissory note in this case”) with a blank amount, maturity, overdue interest, place of payment, and date of issuance.

In the face of the above Promissory Notes, the explanatory note is indicated as follows:

1. The drawer shall grant the authority to supplement the portion in blank of the promissory note (including the amount of the note, the date of payment, the place of payment, the interest, etc.) to the “Bam Strip”

3.The Promissory Notes may be executed in the Vietnam court or in any court of the location of the issuer or its assets.

6.The Promissory Notes shall be the applicable law of Vietnam.

E. The Plaintiff exercised his right to supplement the bill amount of this case by stating “1,158,93 dollars”, “1,58,993 dollars”, “20.8,” “Seoul, Seocho-gu,” “18% per annum in the overdue interest column,” and “7 December 2014” in the issue date column. The Plaintiff currently holds the Promissory Notes.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 7 and the purport of the whole pleadings, it is recognized that the defendant signed each of the above documentary evidence. Thus, the authenticity of each documentary evidence is established.

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