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(영문) 인천지방법원 2015.10.15 2015가합1570
구상금등
Text

1. Defendant D’s annual interest in KRW 420,00,000 to Plaintiff A Co., Ltd. as well as in relation thereto from December 5, 2014 to July 11, 2015.

Reasons

1. Determination as to the claim for reimbursement by the Plaintiff Company

A. The facts of recognition 1) Defendant D had endorsed and possessed the Promissory Notes (hereinafter “instant Promissory Notes”) at the face value of KRW 700,000,000 issued by F, and the due date of November 30, 2014 (hereinafter “instant Promissory Notes”).

B) On August 7, 2014, Defendant D and Plaintiff C, the representative director of the Plaintiff Company, were discounted on the Promissory Notes from an enterprise bank and used 350,000,000 won each of them. At the date of payment, Plaintiff D paid KRW 280,000,000 to the Plaintiff Company, and Defendant D agreed to pay the remainder of KRW 420,000 (hereinafter “instant agreement”).

(2) The certificate No. 2439 of the General Law Office (hereinafter referred to as the “certificate of this case”) shall be

(2) The Plaintiff Company received KRW 685,895,959,959 (=700,000 - KRW 14,104,041) from the Plaintiff Company’s account at the Plaintiff Company’s request after deducting the fees and then remitting KRW 100,00,000 to the Defendant D’s account at Defendant D’s request, with endorsement on August 8, 2014 in accordance with the instant agreement. On the same day, the Plaintiff Company received KRW 14,104,00,00,000 from the discount rate (i.e., KRW 7,00,000).

3) The Plaintiff Company paid 280,000,000 won, which the Plaintiff Company agreed to pay to the Plaintiff Company, from December 2, 2014 to the next day after the due date of the Promissory Notes, but Defendant D failed to pay KRW 420,00,00,00, which is its share of the Plaintiff Company. A corporate bank requested the Plaintiff Company to pay to the Plaintiff Company. Around December 4, 2014, the Plaintiff Company subrogated 420,000,000 to the corporate bank on behalf of Defendant D on behalf of Defendant D (based on recognition).

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