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Reasons
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(영문) 수원지방법원 2018.02.21 2016가단805021
청구이의
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a person who has operated credit business under the trade name of “F” in the Seoul Jung-gu Seoul Metropolitan Government D Building E.

B. On February 5, 2008, the Plaintiff prepared a receipt (Evidence 12) to confirm that the Plaintiff received KRW 100,000,000 from the Defendant on the same day as the loan certificate (Evidence 11, hereinafter “the loan certificate of this case”) with the following content as the Defendant respectively, and issued a personal seal impression directly issued on February 4, 2008 (Evidence 13) to the Defendant.

The amount above KRW 100,000,000 shall be received from the creditor B as the borrowed money on February 5, 2008 and shall be agreed as follows:

- - Future -

1. Monthly interest shall be fixed at 2 per cent and paid on the fifth day of each month.

2. The due date shall be May 10, 2016;

3. If a debtor fails to perform his/her obligations later because he/she received the loan at his/her own will, he/she shall lose the benefit due and shall return the principal to the creditor at the expiration of one month from the following day.

C. On February 5, 2008, the Plaintiff issued and delivered to the Defendant a note No. 100,000,000 won at par value, payment date, payment date, and one promissory note No. 1, which is the Seoul Metropolitan Government at the place of the issuance (hereinafter “instant Promissory Notes”). On the same day, according to the Plaintiff and the Defendant’s commission, a notary public issued and delivered a note No. 679 with respect to the said Promissory Notes No. 679 with respect to the issuance and seal of the said Promissory Notes No. 2008, and if a notary public delays the payment of the said Promissory Notes to the holders of the said Promissory Notes, a notarized deed (No. 10-1, hereinafter “No. 1 Certificate”).

On February 5, 2008, the Plaintiff, separate from the Promissory Notes 1, issued and delivered to the Defendant a face value of KRW 100,000,000,000 for payment, payment at sight, and one Promissory Notes as Seoul Metropolitan Government at the place of issuance (hereinafter “instant Promissory Notes 2”), and on the same day.

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