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Reasons
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(영문) 대구지방법원 안동지원 2018.08.30 2018가합29
대여금
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1. The Defendant shall pay to the Plaintiff KRW 365,331,750 and interest rate of KRW 15% per annum from February 3, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. 1) The Defendant operates a mutual oil station in the name of “C gas station” or “D gas station” and the Defendant E (hereinafter “E”)

(2) The Defendant supplied oil to F Co., Ltd. (hereinafter “F”) that operates ready-mixed manufacturing business, and E supplied aggregate necessary for manufacturing ready-mixed to F.

B. The Plaintiff’s primary payment, and the Defendant’s endorsement 1) F is the Promissory Notes amounting to KRW 115,331,750 at par value, and the due date on July 16, 2014 (hereinafter “instant Promissory Notes”).

(2) On May 15, 2014, the Plaintiff paid KRW 109,276,750 to the Defendant. On the same day, the Defendant delivered the instant bill endorsed in sequence by E and the Defendant to the Plaintiff.

3) On May 15, 2014, the Defendant paid KRW 50,107,90 to F. (4) The Plaintiff presented the instant bill payment proposal at the Dongdong branch of G Co., Ltd. (hereinafter “G”) around July 16, 2014, but refused payment on the ground of the shortage of deposits.

C. The Plaintiff’s secondary payment of money and the Defendant’s Endorsement 1) F is the check number per share (120,000,000 per face value around June 2014 (hereinafter “instant check”).

(2) On June 13, 2014, the Plaintiff paid KRW 110,100,000 to the Defendant. On the same day, the Defendant issued the first check endorsed by the Defendant to the Plaintiff.

3) On June 13, 2014, the Defendant paid KRW 106,432,000 in total twice to F (=104,50,000 won) (i.e., KRW 1,932,000). (iv) On August 8, 2014, the Plaintiff offered a payment proposal of the instant first check at the G Andong Branch, and was refused payment on the ground of non-transaction default.

The Plaintiff’s third-party payment of money and the Defendant’s endorsement 1) F is the check of KRW 130,000 per share (hereinafter “the second check of this case”) around June 2014.

(2) On June 30, 2014, the Plaintiff issued and delivered E with KRW 117,43,00 to the Defendant.

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