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(영문) 서울중앙지방법원 2013.10.23 2012가단345851
대여금
Text

1. The Defendant’s KRW 65,00,000 and its amount shall be 30% per annum from November 30, 201 to October 17, 2012 to the Plaintiff.

Reasons

1. Basic facts

A. On November 29, 201, the Plaintiff, through the introduction of the Defendant, lent KRW 65,000,000 to C by setting the interest rate of KRW 2.5% per month and the due date on February 29, 2012.

B. At the time of the above lending, the Defendant also signed the issuer’s signature and sealed the seal on the issuer’s column.

The defendant's name and address were written in writing and delivered to the plaintiff, and thereafter, the plaintiff supplemented the above bill by stating the payee's name and face value as 65,000,000 won.

(B) (hereinafter “instant Promissory Notes”). [Ground of recognition] The fact that there is no dispute over the said Promissory Notes, each entry in the evidence Nos. 1-3 (including serial number), and the purport of the entire pleadings.

2. The issues in this case are the legal meaning of the issuance of the Promissory Notes in this case. A.

Where a third party prepares a loan certificate, check, or promissory note on behalf of the debtor and delivers it to the creditor with respect to the obligations arising from a contract for cash loan, it is reasonable to deem that the third party assumes the same obligation as a discharge and/or overlapping acceptance, barring special circumstances (see, e.g., Supreme Court Decision 88Da1455, Oct. 25, 198). In the case of a blank Promissory Notes, the issue of whether the issuer has issued it as the payer or its holder with the intent to give up the blank portion as to whether or not the issuer has issued it as the intent to give up the blank portion to the issuer, which is not a blank bill, but an incomplete bill.

B. (See, e.g., Supreme Court Decision 2001Da6718, Apr. 24, 2001).

In the instant case, the Defendant had been well aware that C bears the loan obligation against the Plaintiff at the time of the instant loan (as seen earlier, the Defendant arranged a loan between the Plaintiff and C), and the Defendant issued a promissory note in collaboration with C and delivered it to the Plaintiff.

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