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Reasons
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(영문) 서울동부지방법원 2018.04.18 2017나2887
대여금
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1.The judgment of the first instance, including the Plaintiff’s claim expanded and reduced in the trial, shall be modified as follows:

2...

Reasons

1. Facts of recognition;

A. From the end of 2005 to several times, the Plaintiff transferred money to the account in the name of the Defendant after deducting the interest equivalent to the face value of the Promissory Notes from the Defendant’s receipt of the Promissory Notes from the maturity date (2% per month). Each of the relevant Promissory Notes was traded in the manner of receiving money by presenting payment on the maturity date.

B. From July 2008 to September 2008, the Defendant issued each of the following notes and checks to the Plaintiff:

(1) The term "No. 45,000,000" on October 3, 2008 25, "No. 45,000,000" on October 29, 2003 means "No. 30,000,000" on November 19, 200 "No. 30,000,000" means "no. 30,000,000,000" on November 5, 200 "no. 20,000,000" on November 219, 200 "no. 30,000,000 or "no. 20,000,000" on November 5, 200, 2000, No. 8853, Dec. 30, 200, No. 88513, Dec. 30, 2008.

C. After receiving each of the instant bills from the Defendant, the Plaintiff remitted the amount calculated by deducting interest of 2% per month in the agreed-upon interest from the Defendant to the account under the name of the Defendant as indicated in the attached Table 2 below.

Note 28,200,000 of the Bills of Exchange and Promissory Notes No. 37,600,000 of the Bills of Exchange and Promissory Notes No. 1 on July 25, 2008, “42,300,000 of the Bills of Exchange and Promissory Notes No. 3 of August 19, 2008” means “42,300,000 of the Bills of Exchange and Promissory Notes No. 428,200,000 of the Bills of Exchange and Promissory Notes No. 428,20,000 of the Bills of Exchange and Promissory Notes No. 5 and 636,20,000 of the Bills of Exchange and Promissory Notes No. 5, Sept. 30, 2008.

D. After that, when the bill No. 12 was refused to pay all on the date of each payment due to the bankruptcy of the issuer, etc., the Defendant, around November 3, 2008, recovered all the bills of this case including the bill No. 12, which was rejected from the Plaintiff, and remitted total of KRW 50,000,000 to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 5, 8 through 11, and Eul evidence 1 and 2 (including each number).

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