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(영문) 서울중앙지방법원 2015.06.18 2014가합509373
양수금
Text

1. The Defendant’s KRW 180,000,000 for the Plaintiff and 5% per annum from December 1, 2013 to March 14, 2014.

Reasons

1. Basic facts

A. On July 25, 2012, the Plaintiff filed a loan claim lawsuit against C and its wife as Seoul Central District Court Decision 2012Gahap38969, and rendered a judgment on July 25, 2012 that “C and D shall jointly and severally pay to the Plaintiff KRW 131,00,000,000 and the amount calculated at the rate of 5% per annum from August 7, 2010 to May 25, 2012, and 20% per annum from the next day to the date of full payment” (hereinafter “instant related judgment”). The relevant judgment became final and conclusive as it is.

B. D around 2007, on behalf of C, lent an amount equivalent to KRW 150,00,000 to E, but it was not repaid money. On April 17, 2008, D drafted a promissory note No. 291 with the beneficiary D, the face value of which was KRW 250,000,000, under the 291 of the 2008 Certificate of the Dongwon General Law Firm.

C. Thereafter, around August 2008, E and D agreed to pay KRW 250,000,000 to C and D for the 150,000,000,000 borrowed from the loan for the Urine Development Project. There was also written confirmation that “A repayment will be made during the period from October 2012 to November 201.” However, E and D failed to comply with the above time limit.

Accordingly, C urged E to repay the above KRW 250,000,000, and upon the E’s request on June 18, 2013, upon C’s request, the Defendant drafted a letter of payment with the content that “E is unable to repay KRW 250,000,000 to C by September 30, 2013, the Defendant agreed to pay the said money in lieu of the said money (hereinafter “instant letter of payment”) by November 30, 2013.” On July 9, 2013, the Defendant completed the certification of the instant letter of payment with the Ministry of Justice No. 1976, a law firm et al. (hereinafter “instant letter of payment”).

E. In addition, on August 13, 2013, the Defendant issued a promissory note No. 383 with C, face value of C, face value of KRW 250,00,000, issue date, June 18, 2013, and the due date of payment of the Promissory Notes No. 383, Nov. 30, 2013 (hereinafter “notarial deed of this case”).

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