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(영문) 의정부지방법원고양지원 2013.11.29 2012가단42683
약속어음금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Nonparty C was the representative director of Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”). From May 2009, the Defendant adopted the joint representative director system from around May 25, 2009, and was registered as Nonparty C and Nonparty E as the joint representative director of the Defendant’s company until he resigned on May 24, 2012.

Meanwhile, the defendant's business registration certificate issued on July 8, 201 by the head of Western District Tax Office is indicated as the representative of Nonparty C only.

B. On April 26, 2012, the date of issuance, the date of payment, May 31, 2012 (which was extended to June 26, 2012) Nonparty Company issued one copy of the promissory note in blank (hereinafter “instant promissory note”) at the time of the Non-Party Company, 530,000,000 won for face value, and the date of payment (which was extended to June 26, 2012) and the year of payment in Gyeonggi-do, the place of payment, and the entire rice branch of the Korean Bank, and the payee.

C. Nonparty C endorsed to the Promissory Notes in this case, and, without the consent of Nonparty E, one of the co-representatives of the Defendant, unilaterally endorsed to the Promissory Notes in the name of the Defendant and delivered the Promissory Notes to the Plaintiff. On June 20, 2012, the Plaintiff, as the final holder of the Promissory Notes in this case, presented a payment proposal within the payment deadline to Nonparty C, but was refused on the grounds of non-transaction.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3 (including paper numbers), Eul evidence 1, 2, and 5 (including paper numbers), C's testimony, the purport of the whole pleadings

2. Determination as to the assertion premised on a loan (principal claim)

A. A. The summary of the Plaintiff’s assertion on the ground of this part of the claim is 1:30,000,000 won for interest to the Defendant around August 2010 at the request of Nonparty C, which requires the Defendant’s operational funds, and the lending period is 2% for each month; and 20,000,000 won for interest around October 2010 and the lending period is 2% for each month; and the lending period is 3 months. Thus, the Defendant is obligated to repay the said loan to the Plaintiff as the obligor.

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