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(영문) 대구지방법원서부지원 2016.01.13 2014가단15020
대여금
Text

1. Defendant B: 23,00,000 won to the Plaintiff (Counterclaim Defendant) and 5% per annum from April 1, 201 to May 27, 2014.

Reasons

1. Basic facts

A. The Plaintiff, who operated D Co., Ltd. (hereinafter “D”), made an investment in money to F, who was in charge of the construction of the building E in Jung-gu, Daejeon. Around January 24, 2008, the Plaintiff, at the above site office of the construction work, made a promissory note with a face value of KRW 50 million at par value, KRW G, and due date, May 6, 2008, and issuer D (hereinafter “instant Promissory note 1”) and delivered it to F. The F made an endorsement and transfer of the said Promissory Notes to Defendant C Co., Ltd. (hereinafter “Defendant Company”) employees in charge of the electrical construction part that was present at the time.

B. On April 22, 2008, the Plaintiff, at the office of the Defendant Company of the sixth floor of the Seo-gu Daejeon-gu Daejeon, declared that the Plaintiff would change the face value to KRW 100 million instead of extending the due date of the said bill, and received a return of the bill from the Defendant B, stating that “one hundred million won” was violated and “one hundred million won” was handed down on the face value, and then delivered the bill again to the Defendant B without affixing the seal affixed to the corrected or deleted portion, thereby refusing payment of the bill in the form of payment on May 9, 2008. Accordingly, the Defendant B filed on behalf of the Defendant Company a complaint against the Plaintiff for property damage on May 13, 2008.

C. In relation to the instant accusation case, the Plaintiff agreed with the Defendant Company on October 15, 2008 as the representative representative of D, and the content of the agreement is that “D shall pay KRW 50 million to the Defendant Company, but the remaining KRW 30 million shall be paid in cash, and a promissory note shall be issued and delivered at a face value of KRW 30 million at a face value of KRW 30 million, and the Defendant Company shall return the said KRW 50 million to D when it receives KRW 500 million from F.”

(3) No. 4 of this title, a statement of agreement. (4)

According to the above agreement, the plaintiff shall pay 20 million won to the defendant company, and the par value shall be 30 million won.

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