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(영문) 서울중앙지방법원 2018.01.11 2016가단145936
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 2, 2006, the Plaintiff (formerly: C) lent KRW 100 million to the Defendant, who is the president of D Co., Ltd., and as security, received promissory notes (amounting to KRW 100 million, issue date, January 27, 2007, and May 31, 2007, and hereinafter “instant promissory notes”) issued by the said company. The Defendant’s payment of KRW 60 million to E was also subrogated.

B. The plaintiff on February 26, 2007 and the same year to the defendant

3.6.0.00

3. 12. The above loan, etc. was sent to the Defendant at that time.

C. On March 14, 2007, the defendant prepared a letter of commitment that "I will return to the plaintiff, F, and G the borrowed amount from the principal (100 million won) and (65,945 shares of DD until March 20, 2007. However, D's shares will be calculated as KRW 3,000 per share and calculated as KRW 3,000 per share and paid as KRW 197,835,000 per annum (Won 197,835,000) and paid by the principal for the borrowed amount by March 20, 2007."

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition of the Defendant’s obligation to return the borrowed money, etc., the Defendant is obligated to pay the Plaintiff the loan and the indemnity amount of KRW 160,000,000 (=10,000 won) and damages for delay.

B. The Defendant’s assertion (1) The Defendant asserted that, first of all, the Promissory Notes issued by the Plaintiff regarding KRW 100 million of the above loan had been acquired at discount from E, and thus, the Defendant’s obligation to repay the borrowed amount has been repaid. However, the Plaintiff’s assertion that the Promissory Notes No. 1 had been in possession of the original Promissory Notes up to now.

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