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(영문) 서울중앙지방법원 2019.03.14 2018가합536793
청구이의
Text

1. A notary public belonging to the Incheon District Prosecutors' Office against the defendant's plaintiff in December 15, 2009 prepared by C on December 15, 2009.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1, 2, and 3, Eul evidence 1 and 4 (including the number), and the entire purport of the arguments as a result of the appraiser D's appraisal:

Since 194, the Plaintiff and Nonparty E, as her husband, engaged in the forest processing business, such as fatherpos, with the trade name called G from the Gyeonggi City F in Gwangju City.

B. From August 2009 to November 2009, the Defendant issued five copies of promissory notes (total face value of KRW 187,100,000) issued and endorsed by Nonparty H Co., Ltd, as indicated below, at KRW 166,187,00, as stated in the following table, from around August 1, 200 to KRW 166,187,00.

The defendant presented each of the above bills to pay, but all of them refused to pay.

(Unit) No. 32,848,000 K on August 24, 2009; 37,200; 38,200 on September 38, 2008; 64,064,000 K on September 3, 2008; 43,000 L/C No. 43,00 L/C No. 120,000 L/C No. 1203,00 L/C No. 1203,00 L/C No. 1203,43,000 L/C No. 200,00 L/C No. 1215, Dec. 25, 2009; 200 L/C No. 32813, Dec. 15, 2009; 308, Mar. 16, 2005;

C. On December 15, 2009, the Defendant returned to the Defendant the amount of KRW 166,187,000,000 in the bill discount between E and E, and additionally remitted KRW 100,000,000 to the Defendant on December 21, 2009 and KRW 50,000 on January 8, 2010.

B. A loan agreement on the loan of this case (hereinafter “the loan agreement of this case”) provides that the sum of the above KRW 166,187,000 and KRW 100,000 and interest thereon shall be KRW 300 million shall be the borrowed principal and KRW 15,000,000,000,000 each 15 times from January 10 to March 10, 2011, shall be paid in 10,000,000,000,000,000,000 won, and the said agreement shall be deemed as “the loan obligation of this case” and “the Plaintiff’s claim”.

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