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(영문) 서울남부지방법원 2018.10.11 2017가단252318
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 143,120,000 and the interest rate of KRW 15% per annum from November 24, 2017 to the date of full payment.

Reasons

1. Basic facts

A. At the time of each of the instant notes as seen below, the Plaintiff is a person who worked as a business employee at the place of Gangnam, Inc. (hereinafter referred to as “slotch”), and the Defendant is a person who worked as the head of a lotc branch.

B. Where the agents subject to management of each lot of a lot are insufficient to pay for the goods, there was a case of raising funds by discounting bills through employees of the branch concerned.

E, one of the agents managed by PP C branch, was also the operator of D (hereinafter referred to as D) from April 2013 to request the Defendant, the head of C branch, to pay a bill discount.

C. Upon receipt of the above request from E, the Defendant asked the Plaintiff known to have a trade with the agencies subject to ordinary management to discount the bill issued by D, and requested the Plaintiff to do so.

The Plaintiff received three promissory notes with the total face value of KRW 250 million issued by D via the Defendant, and remitted to E’s account the sum of KRW 97.6 million on April 30, 2013, KRW 97.6 million on May 31, 2013, KRW 97.6 million on May 31, 2013, and KRW 24.8 million on June 3, 2013, respectively.

C. Each of the promissory notes mentioned above was settled normally, and the Defendant continuously requested the Plaintiff to discount the promissory note issued D.

Accordingly, the Plaintiff received three promissory notes with a total face value of KRW 220 million issued by D, and transferred at this time to the Defendant’s account in the amount of KRW 140,640,000 on July 1, 2013, KRW 40,520,000 on July 31, 2013, KRW 4520,000 on July 1, 2013, and KRW 21,1120,00 on August 1, 2013, respectively.

E. The above D.

The maturity of each Promissory Notes set forth in paragraph (1) was August 30, 2013. However, E requested the Defendant at the maturity date to submit the payment proposal to the Defendant on September 30, 2013, and again issued two copies of Promissory Notes with the face value KRW 220 million in the name of D, and the due date as of September 30, 2013, respectively, and delivered to the Plaintiff.

However, each of the above.

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