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(영문) 서울동부지방법원 2016.04.29 2015가합110070
구상금
Text

1. The Defendant’s KRW 177,500,000 for the Plaintiff and 5% per annum from December 19, 2014 to April 6, 2016.

Reasons

1. Facts of recognition (applicable for recognition: Each entry of evidence Nos. 1 through 10 (including branch numbers in case of additional number), and the purport of all pleadings);

A. C borrowed KRW 300 million from E in order to raise operating funds of Company D (hereinafter “Nonindicted Company”) for which it was the representative director, and on January 14, 201, the Plaintiff at the time when C was the representative director, the Defendant who was the auditor of the non-party company, the vice president of the non-party company, the vice president of the non-party company (Ga: G) and the non-party C jointly issued and delivered to E a promissory note with E with respect to the above loan obligation, the amount of KRW 300 million at face value, the date of payment, the place of issue, the place of payment, and the place of payment, and the place of payment. The notarial deed was drawn up as C2, a law firm, which was the law firm.

B. C borrowed KRW 500 million from H in order to raise the operating funds of the non-party company, for which it was the representative director, and on March 30, 2012, the Plaintiff, the Defendant, the individual, the F (Name G), and the non-party company jointly issued and delivered to H a promissory note with H as to the above loan obligation, the face value of KRW 500 million at par value, the date of payment at sight, the place of issue and payment, the Seoul Special Metropolitan City, and the payee H. On September 25, 2013, the notary public drafted a notarial deed as 00857, an I Joint Office No. 2013.

C. The Plaintiff is between E and December 15, 2014.

The Plaintiff paid E KRW 250,000,000 with respect to the borrowed money stated in the subsection, and E agreed to waive the remainder of claims, and collected promissory notes after paying KRW 250,000,000 on December 18, 2014.

The plaintiff between H around November 2014 and H.

The Plaintiff paid H KRW 460,00,000 to H with respect to the borrowed amount stated in the port of entry, and H agreed that H waives the remainder of the claims, and paid KRW 460,000,000 on December 4, 2014, and recovered promissory notes.

2. Determination

(a) For the debtor, a third party concerning the obligations under a cash loan contract; and

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