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(영문) 서울남부지방법원 2016.04.29 2015가단211849
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd (hereinafter “C”) issued to D (E) a promissory note of KRW 198 million at face value and the due date on April 2, 2014 (hereinafter “second Promissory Notes”) around December 3, 2013, and the Defendant is the final holder of the second Promissory Notes.

B. C around December 10, 2013, around December 10, 2013, a promissory note with a face value of KRW 100 million ("first Promissory Notes") was issued to Filial Metal Co., Ltd., and the Defendant is the final holder of the first Promissory Notes.

C around March 21, 2014, upon reporting the alteration of a bill, rejected the payment of the bill. On March 25, 2014, the complaint was submitted to the Silung Police Station to which the due date of the bill was altered.

around March 2014, F, the father of the defendant, visited C in order to identify the reason why bill No. 1 was rejected.

C. The F visited C on March 31, 2014 to claim the second bill payment.

The representative G of the Plaintiff and C requested the payment date to be extended on June 2, 2014 as it is difficult for C to pay the bills at the due date due to lack of financial resources of C.

Upon receipt of the above request, “F may bring civil and criminal problems to E, etc. with respect to the second bill and pay it to the holder of the bill. If the problem is not resolved, C and G are responsible. The due date is extended on June 2, 2014, the due date for payment is extended to 1/2 of the issued amount in consultation at the due date, and the due date for the bill arrives, and the due date for the balance is mutually agreed upon.”

On April 4, 2014, the Defendant lent KRW 10 million to C in total from the Plaintiff’s account, KRW 20 million to G account, KRW 10 million to the Plaintiff’s account on April 21, 2014, KRW 30 million to the Plaintiff’s account on April 25, 2014, and KRW 10 million to the Plaintiff’s account on April 25, 2014.

E. C: (a) on April 8, 2014, the Defendant’s face value of KRW 43.2 million;

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