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(영문) 춘천지방법원강릉지원 2017.10.31 2016나1370
수표금 및 약속어음금
Text

1. Upon filing a claim for a change in exchange with this court, the defendant shall pay to the plaintiff KRW 57,200,000 and its amount.

Reasons

1. Basic facts

A. The Defendant, with the trade name of “C points”, operated the wholesale and retail business of the new category, and D operated the wholesale and retail business of the new category with the trade name “E,” and D had discounted the number of units and promissory notes issued by the Defendant from January 2010 at the Defendant’s request.

B. At the Defendant’s request, D: (a) September 20, 2013 of the date of issuance issued by the Defendant (the date of actual issuance is May 15, 2013); (b) the number of shares per check number F; (c) the number of shares on October 5, 2013 of the date of issuance (the date of actual issuance is June 10, 2013); (d) the face value of KRW 30,00,000; (c) the number of shares per check number G; (d) the date of issuance on August 7, 2013 (the date of actual issuance is August 8, 2013); and (e) the bill was issued at a discount of KRW 20,00,000; and (e) the bill number of KRW 15,00,000; and (e) the bill number of KRW 10,000,000; and (e) the bill of exchange was issued to the Defendant within 2013,5,015.

C. On December 11, 2015, D notified the Defendant that he/she transferred the instant checks and bills totaling KRW 65,000,000 to the Plaintiff and issued the notice to the Defendant on December 14, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, 9, 10, Eul evidence Nos. 2 through 4 (Evidence Nos. 1, 6, 7, 9, 10, Eul evidence Nos. 2 through 4 (Evidence No. 3)

2. Determination on the cause of the claim

A. The Plaintiff’s assertion D loaned KRW 57,200,000 in total to the Defendant from May 15, 2013 to August 20, 2013 upon the Defendant’s request for the discount of the instant check and the bill. D had a total of KRW 57,200,000 loans secured by the instant check and the bill.

The Plaintiff acquired the above loan claims from D, and D is the Defendant on December 11, 2015 or July 5, 2017.

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