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(영문) 서울동부지방법원 2015.10.28 2015가합1268
어음금
Text

1. The Defendant’s KRW 591,107,489, among the Plaintiff’s KRW 515,205,479, from February 1, 2008 to KRW 75,902,010.

Reasons

Basic Facts

On December 26, 2007, the Plaintiff loaned KRW 500 million to C as of January 7, 2008, and D Co., Ltd jointly and severally guaranteed the obligation to return the above borrowed amount.

(2) On February 1, 2008, the Plaintiff agreed to lend KRW 600 million from the Plaintiff, including the former principal and interest, on April 30, 2008.

(hereinafter “instant second loan”). On October 31, 2008, the Defendant acquired the shares and right of management of D Co., Ltd. from C, and acquired C’s obligation of borrowing money against the Plaintiff.

(2) On April 13, 2009, the Defendant issued a promissory note with a total face value of KRW 750 million (hereinafter “instant promissory note”) to the Plaintiff on April 13, 2009, for the payment of the debt acquisition amount of the instant case to the Plaintiff, as indicated below [Attachment 1].

On April 13, 2009, the date of issuance of face value 120 million won (10 million won) and April 13, 2009, KRW 26 billion (2.6 billion) on April 30, 2009, KRW 3210 million on May 30, 2009, KRW 420 million on April 13, 2009, KRW 200 million and KRW 14 billion on April 30, 2009, KRW 50 million on April 13, 2009, KRW 300 million (hereinafter “the above promissorysory note”) were written on April 30, 2009, KRW 9.5 billion on April 13, 2009, KRW 300,000,000,000 won, and the Defendant received the above promissory note from the Plaintiff (the above promissory note No. 940,50,000,00 won).

On the other hand, Co., Ltd., Ltd., on May 12, 2009, to secure the defendant's obligation to return a loan of KRW 450 million.

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