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1. The Defendant shall pay to the Plaintiff KRW 102,516,094 and the interest rate of KRW 15% per annum from February 23, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On August 20, 2015, the Defendant issued to C a promissory note with its face value of KRW 103,165,000, and as of September 24, 2015, one promissory note with its due date as of September 24, 2015. On the same day, the Defendant written a notarized Promissory Notes No. 600 of the No. 2015’s No. 300 of the No. 2015.
B. On November 17, 2015, the Plaintiff filed a compensation order with C on the ground that it was obtained by deceptioning KRW 93,957,000, and received an order for compensation from Seoul Central District Court on August 21, 2015 (the same court case 2015Da1610), and was sentenced to the Seoul Western District Court Decision 2015Da29407 Decided November 17, 2015.
C. As to the instant promissory note claim against the Defendant with the claim for the compensation order or the judgment amount stated in the foregoing Paragraph B, the Plaintiff received a collection order from the Seoul Central District Court on September 21, 2015 with respect to the amount up to 45,000,000 won, and issued a seizure and collection order from the Seoul Central District Court on September 21, 2015. The original copy was served on the Defendant on September 24, 2015. (2) Of which amount was KRW 8,59,094, the Plaintiff received the seizure and collection order from the Seoul Central District Court on January 6, 2016, and the original copy was served on the Defendant on January 11, 2016, which was served on the Defendant with respect to the amount of KRW 48,970,00,000, and the original copy was served on the Defendant on January 11, 2016 and the Seoul Central District Court on September 27, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 10 evidence, Eul evidence 5 and 7 (including each number), the purport of the whole pleadings
2. According to the fact that the court below held that the defendant's claim for the promissory note of this case was accepted, barring any special circumstance, the defendant is the defendant on the copy of the application for modification of the purport of the claim of this case to the plaintiff, the creditor of the collection of the promissory note of this case (45,000,000 won) and the copy of the application.