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(영문) 광주지방법원 목포지원 2017.01.12 2016가단2114
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 30,564,50 and the interest rate of KRW 15% per annum from October 27, 2016 to the date of full payment.

Reasons

1. On November 1, 1996, Defendant B received a promissory note (G; hereinafter referred to as “second Promissory note”) from the Plaintiff on the following occasions: (i) the issuer B, the issue date August 21, 1996; (ii) the issuer B, the issue date on November 15, 1997, at par value of KRW 20,00,000 (E; hereinafter referred to as “first Promissory Notes”); (iii) the issuer B, the issue date on November 30, 1996; (iv) the due date on December 30, 1997; (v) the amount of face value of KRW 20,00,000; (v) the endorser C, and F (G; hereinafter referred to as “second Promissory Notes”); (v) the issuer B, the issuer on the date on November 30, 1996; and (v) the Plaintiff’s promissory Notes at face value of KRW 30,00,000 or less.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings

2. Determination as to the claim against the defendant B

A. Since there is no dispute between the parties that the Plaintiff lent money to Defendant B as collateral for each of the instant bills, it is deemed that the Plaintiff and Defendant B constituted a monetary lending relationship with the Plaintiff to repay KRW 70,000,000 up to the due date as the underlying cause of each of the instant bills.

On the other hand, the Plaintiff was 0.0 won on August 13, 1999; 1,938,50 won on November 13, 199; 1,000 won on December 29, 200; 5,000 won on February 2, 200; 25,000 won on April 25, 200; 30.30,430,000 won on July 24, 200, 200, 200. 30,000 won on September 24, 200, 200, 200, 30. 30,000 won on September 10, 200, 206; 30,000 won on May 30, 200, 207; 300,000 won on May 30, 2006;

Therefore, it is special.

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