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(영문) 부산지방법원 2015.03.25 2014나7978
대여금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 50,000,000 as well as the full payment with respect thereto from January 4, 2013.

Reasons

1. Basic facts

A. The Plaintiff has traded with the Defendant by lending money by receiving a provisional coefficient mark issued or endorsed by the Defendant to the Defendant’s account in the name of the Defendant and by making a payment of the price index at the due date.

B. The Plaintiff, under the name of the Defendant’s wife, issued and delivered, respectively, one promissory note with the face value of KRW 40 million on July 8, 201, the due date of payment, July 10, 201, the face value of KRW 10 million on July 16, 201, the due date of payment, and one promissory note with the value of KRW 10 million on October 16, 201.

(hereinafter referred to as “each of the Promissory Notes in this case”). [Ground of recognition] The fact that there is no dispute, each entry in the evidence Nos. 1 and 2 (including serial numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. Determination as to the cause of action

A. According to the reasoning of the judgment on the Plaintiff’s assertion, the Defendant, who is the issuer of each of the Promissory Notes, is obligated to pay the Plaintiff the above amount of KRW 50 million (= KRW 40 million) to the Plaintiff, who is the holder of each of the said Promissory Notes, and damages for delay.

B. The Defendant’s defense, etc. 1) The Defendant asserted that each of the Promissory Notes in this case was scheduled to borrow money from the Plaintiff in the future and delivered as a collateral, but did not actually borrow money. However, the testimony of the witness C in the first instance trial, which seems consistent with this, is difficult to believe and there is no other evidence to prove otherwise, and the absence of the above underlying claim is without merit. 2) The Defendant defenses that the Defendant paid the Plaintiff the above amount of the Promissory Notes in the following manner: (i) there is no dispute between the parties, or the fact that the Defendant paid the money to the Plaintiff as stated in the “date of Payment” and “amount,” as stated in [Attachment 1] and [Attachment 1].

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