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1. The Defendant’s KRW 45,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 20, 2012 to October 17, 2014.
Reasons
1. Basic facts
A. The plaintiff, the defendant, and C together with the plaintiff's appearance of a baby "E", which was operated by the plaintiff's appearance of a baby D.
B. On December 4, 2003, the Defendant issued a promissory note with the addressee in blank (hereinafter “instant promissory note”) with a face value of KRW 80,000,000 at sight, and C written with the payee himself.
As of December 4, 2004, the defendant issued a power of attorney to C to delegate all the powers pertaining to the commission of authentication signed by private persons.
(The above date appears to be a clerical error in December 4, 2003).
On July 2010, the Plaintiff acquired a loan claim of KRW 80,000 from C to the Defendant (However, the transfer contract was prepared as of July 31, 2010 and certified as a notary public No. 1748 on August 17, 2010), and C notified the Defendant on July 22, 2010 and March 5, 2013, and the Defendant received the said notification around that time.
On 2010, the plaintiff found the defendant around A around 2010 that he/she would pay his/her obligation.
Accordingly, the Defendant paid a total of KRW 30.5 million to the Plaintiff from December 7, 2011 to October 19, 2012, and appropriated a total of KRW 4.5 million to the Defendant’s credit value claim against the Plaintiff for repayment of the Defendant’s obligation to the Plaintiff.
【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1 through 3, Eul evidence 1, the purport of the whole pleadings
2. Judgment on the Defendant’s defense prior to the merits
A. The summary of the Defendant’s assertion did not have borrowed money from the Plaintiff or C or issued the Promissory Notes to them.
As the Defendant was to work as the chief of office from “E”, the Defendant borrowed 80 million won in advance from D, which was the president, with the payment of KRW 80 million, and only issued the Promissory Notes with the addressee as a blank for the payment thereof.
Therefore, the defendant does not bear any obligation against the plaintiff or C.
Nevertheless, the Plaintiff did not have a claim against C.