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(영문) 서울중앙지방법원 2019.12.06 2019가합508320
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a stock company established with its business purposes such as the payment and class of sales claims. The Defendant is the representative director of C, a corporation established with its business purposes such as clothes, miscellaneous composition, manufacture, export and import, wholesale and retail business. 2) D is a person who engages in clothing wholesale and retail business, etc. under the trade name of E.

B. On August 10, 2018, F Co., Ltd. (1) issued each of the instant bills of exchange (hereinafter “instant bills”) three copies of the electronic bill, the sum of which is 328,507,740, as follows, to D on August 10, 2018:

(1) On September 10, 2018, F Co., Ltd. issued 525,365,060 of the total sum of the amount of the Promissory Notes (hereinafter “instant Promissory Notes”) to D on September 10, 2018, when the due date of the recipient of the Promissory Notes GD (128,507,740 won 10,000,000 won 10,000,000 won) and the amount of the Promissory Notes issued 5 copies of the electronic Promissory Notes (hereinafter “instant Promissory Notes”) (hereinafter “instant Promissory Notes”).

(1) The number of a bill issued shall be 100,000,000 won per 10,000,000 won per 100,000,000 won per 125,365,060 won per 125,00,000 won per 10,000 won per 10,000 won per 10,000 won per 125,000

C. On October 1, 2018, D: (a) each of the instant bills was endorsed and transferred to the Plaintiff each of the instant bills (a total of KRW 853,872,800) on the same day; (b) the Plaintiff, on the same day, remitted KRW 515,275,231,231, and KRW 300,000 to the Defendant and D, respectively, and remitted the total of KRW 815,275,231 to the Defendant and D.

3 The statement of discount on each of the bills of this case written by the Plaintiff on the same day is indicated as KRW 815,275,231 in total.

The defendant remitted to D, from October 1, 2018 to October 4, 2018, the above KRW 515,275,231, which he received from the plaintiff, was remitted to D again.

E. On January 10, 2019, the Plaintiff, including the payment and refusal of payment for each of the instant bills, presented the relevant bills to the I Station, Inc. at the I Station, and received the amount of the bills.

On the other hand, the plaintiff is a stock company on February 11, 2019.

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