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(영문) 서울동부지방법원 2015.03.19 2014가단27044
어음금등
Text

1. As to the Plaintiff KRW 30,000,000 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff KRW 10,000 from May 12, 2013, and KRW 10,000,00.

Reasons

1. Basic facts

A. On March 11, 2013, the Defendant borrowed KRW 20 million from the Plaintiff, and issued and delivered to the Plaintiff a promissory note with the face value of KRW 20 million, the payee, the Plaintiff, the date of issuance, March 11, 2013, the date of payment, May 11, 2013, the place of payment, and the place of payment, and one promissory note in Seoul Special Metropolitan City (hereinafter “instant note”).

The defendant did not pay the above amount of the bill up to now.

B. Upon the Plaintiff’s introduction, the Defendant borrowed the payment date as of April 1, 2013 without interest agreement, setting the loan amount of KRW 10,000 from C, and set up and awarded a certificate of loan with the same content to C.

On March 30, 2013, the Plaintiff subrogated for the Defendant’s loan of KRW 10 million to C. On February 20, 2014, the Plaintiff received the above loan claim against the Defendant from C.

C around May 22, 2014, around May 22, 2014, notified the Defendant of the assignment of claims by content-certified mail.

[Grounds for recognition] Gap evidence Nos. 1 to 5, and the purport of the whole pleadings.

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 30 million won in total and 20 million won in total with the bill of this case from May 12, 2013 to June 13, 2014, the delivery date of the bill of this case from May 12, 2013 to June 13, 2014, 5% per annum under the Civil Act to be sought by the plaintiff within the scope of the interest rate stipulated under the Bills of Exchange and Promissory Notes Act, and 5% per annum under the Civil Act from May 23, 2014 to June 13, 2014, the delivery date of the bill of this case from May 23, 2014 to June 13, 2014, and damages for delay at each rate of 20% per annum as stipulated under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. As to this, the Defendant introduced D to the Plaintiff or C, and only issued the bill of this case and prepared a certificate of borrowing as it was used by D, which was the sum of the above loan amounts of KRW 30 million, and around August 2013, D prepared a certificate of borrowing KRW 30 million to the Plaintiff.

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