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(영문) 대구지방법원 2017.08.08 2017가단12179
대여금
Text

1. The Defendant calculated the Plaintiff at the rate of 15% per annum from April 13, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the Plaintiff’s written evidence No. 1 and the overall purport of the pleadings, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “Non-Party Company”) on December 20, 201 and paid 60 million won as an advance payment for the price of goods after concluding the contract. The Plaintiff, upon cancelling the above contract on October 8, 2012, signed by a notary public to receive the said advance payment on October 8, 2012, may recognize the fact that the notary public drafted a notarial deed for the payment of promissory notes with a face value of KRW 60 million as set forth on October 8, 2012 as the issuer, D, E, the payee, the Plaintiff, and the date of issuance on October 8, 2012, and the date of payment on December 30, 2012.

According to the above facts, it is reasonable to view that the preparation of a notarial deed for the payment of the above promissory note is an agreement or a guarantee for the return of the above advance payment that the defendant, etc. owes to the plaintiff by the non-party company. Thus, the defendant is liable to pay to the plaintiff the above advance payment or agreed amount of KRW 60 million and delay damages

2. Judgment on the defendant's defense

A. The defendant alleged that the defendant is working as an employee of the non-party company and prepared the above promissory note notarial deed at the request of D and E jointly operated by the above company.

However, the defendant, after retirement from the non-party company, provided that D and E are responsible for the above promissory notes.

Therefore, the defendant is not liable for the repayment.

Even if not, the Plaintiff’s claim against the Defendant was extinguished by prescription.

B. There is no evidence to acknowledge that the Defendant, upon retirement from the non-party company, was responsible for the above promissory notes D and E, and whether the Defendant would be exempted from its payment liability between the Plaintiff and the Plaintiff.

In addition, the Plaintiff’s claim of this case is not a claim for promissory notes, but a claim for advance return or agreed money.

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