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(영문) 의정부지방법원 2018.02.07 2014가합8650
대여금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 1,163,014 to the Defendant (Counterclaim Plaintiff) and its related amount from September 19, 2015 to February 7, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 4, 201, the Plaintiff lent KRW 5,000,000 to Defendant-type C, respectively, and KRW 10,000,000 on October 10 of the same month, and the Defendant guaranteed this.

B. On April 26, 2012, the Plaintiff bears C as the Defendant additionally requested a loan.

The principal and interest obligation of the loan under the above C was determined on June 26, 2012 by the due date for payment to the defendant under the above C's guarantee that the defendant is not responsible for the principal and interest obligation of the loan.

C. After that, the Plaintiff and the Defendant paid KRW 200,000,000 to the Plaintiff prior to that date. To receive the above money, the Plaintiff lent KRW 200,000,000 to the Defendant on July 24, 2013 and on July 25, 2013, respectively.

Nevertheless, on July 26, 2013, the Plaintiff and the Defendant issued a certificate of loan with the borrowed principal of KRW 330,000,000, and the Defendant drafted and issued to the Plaintiff a certificate of loan with the maturity of KRW 330,000,000, respectively, on July 26, 2014.

On the other hand, the Defendant, along with the issuance of the above loan certificate on the same day, delivered to the Plaintiff a copy of a promissory note as of July 26, 2014 (hereinafter “instant promissory note”). On the same day, the Plaintiff and the Defendant drafted a notarial deed to the effect that a notary public recognize the compulsory execution of the said promissory note as of No. 472 on the D General Law Firm No. 2013 (hereinafter “notarial deed”).

[Basis] Facts without dispute, Gap evidence 1, Gap evidence 7 and 8's evidence 1, 2, Eul evidence 1 to 3, Eul evidence 4-1 and 2, and the purport of the whole pleadings

2. Determination on the main claim

A. According to the above findings of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 330,000,000 and damages for delay in response to the claim for the Promissory Notes in this case, barring any special circumstance.

B. The defendant's defense.

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