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(영문) 창원지방법원마산지원 2015.05.13 2014가단14262
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from October 3, 2014 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff loaned to the Defendant a promissory note of KRW 40 million (hereinafter “the Promissory Notes”) with a prior interest of KRW 40 million and distributed the Promissory Notes after deducting KRW 36 million. However, the Promissory Notes of this case were repaid to the holder at the wind and received a refund of KRW 40 million. As the Defendant agreed to pay KRW 40 million by October 31, 201, the Plaintiff is liable to pay KRW 40 million and delay damages to the Plaintiff.

B. The Defendant asserted that the instant bill was issued by the Defendant upon receiving a request from C to lend money, but C received 35 million won from the Plaintiff at a discount of the instant bill from the Plaintiff, deducting 5 million won from the advance interest.

After that, the Plaintiff requested the Defendant and C to recover the claim, and the Defendant and C agreed to the Plaintiff to be responsible for and resolve the instant bill by October 31, 201, and the Defendant did not have borrowed money from the Plaintiff, nor did the Defendant agreed to pay the money lent by the Plaintiff.

C. There is no dispute over judgment, or the following circumstances acknowledged by Gap evidence Nos. 1, 2, and 3, witness Eul's testimony and the purport of the entire pleadings, namely, that the bill of this case issued by Jisung Comprehensive Logistics Co., Ltd. was kept in custody by the defendant as the transaction price from the defendant, that C received the bill of this case from the defendant and received discount from the plaintiff, and at the time when C received the bill of this case from the defendant, there was endorsement by D Co., Ltd. which was the representative director, and C received at the discount of the bill of this case from the plaintiff and gave 2,625 million won among them to the defendant. The bill of this case thereafter is liable to the plaintiff on Aug. 12, 2011 for the settlement of the bill of this case before October 31, 2011.

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