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(영문) 서울중앙지방법원 2017.07.27 2016가단5058112
어음금
Text

1. The defendant shall be entitled to refund promissory notes as stated in the separate sheet from the plaintiff, and at the same time, KRW 1 billion to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff lent a total of KRW 650 million to the Defendant from December 2, 2006 to January 2007, and thereafter, the Defendant delayed the repayment period of the above loan several times and repaid the principal and interest of the loan to the Plaintiff.

B. On January 6, 2016, the Plaintiff and the Defendant settled the total amount of principal and interest on the loan during about nine (9) years with respect to the loan as KRW 1.45 billion, and the Defendant issued to the Plaintiff a promissory note with a face value of KRW 450 million with a face value of KRW 450 million and a face value of KRW 1 billion, respectively.

C. The Defendant paid to the Plaintiff KRW 50 million on January 23, 2016, and KRW 450 million on January 29, 2016, plus KRW 450 million on January 29, 2016, and received the return of promissory notes worth KRW 450 million on face value.

The defendant is still not paid yet even though the content-certified mail dated March 2, 2016, which was served on the defendant on March 3, 2016, seeking the payment of KRW 1 billion in the amount of a promissory note stated by the plaintiff to the defendant.

[Ground of recognition] There is no dispute, comprehensively taking account of the facts stated in Gap evidence Nos. 1 through 5 (including additional serial numbers), the purport of the entire pleadings as well as the simultaneous performance defenses as to the return of promissory notes stated by the defendant, the defendant is obligated to pay to the plaintiff the amount of KRW 1 billion in the attached note from the plaintiff as well as 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from March 3, 2016 to July 27, 2017, which is the date the payment of promissory notes stated in the attached sheet, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The Defendant’s assertion: (a) up to January 30, 2016, the Defendant paid to the Plaintiff an amount equivalent to KRW 788,200,00 with the repayment of the said rental premium; and (b) Promissory Notes in the attached note amounting to KRW 1 billion with the interest or security title shall be attached to the Plaintiff.

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