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(영문) 수원지방법원 2020.11.26 2020가단16620
대여금
Text

The defendant shall pay 179,00,000 won to the plaintiff and 12% per annum from July 7, 2020 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1 and all pleadings as to the cause of the claim, the plaintiff loaned KRW 179 million to the defendant's son on December 20, 2016. In order to secure the payment of the above loan, C, the defendant, and D issued to the plaintiff on December 20, 2016 with a promissory note "179 million won at face value, and at the time of payment on March 28, 2017 at the place of payment at the place of payment at the place of issue and payment." It is reasonable to view that a notary public on March 27, 2017 issued a promissory note to the plaintiff on March 27, 2017 as "as the person who issued the above promissory note and affixed its name and seal, and as the holder of the above promissory note was not subject to compulsory execution, it is reasonable to deem that the plaintiff was not jointly liable for the debt of the defendant or the issuer of the above promissory note on the basis that the defendant was not jointly liable for the above debt.

(See Supreme Court Decision 2009Da32409 Decided August 20, 2009, etc.). As requested by the Plaintiff, the Plaintiff is obligated to pay to the Plaintiff 179 million won and damages for delay calculated at the rate of 12% per annum from July 7, 2020 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order, pursuant to the Plaintiff’s claim.

As to this, the defendant shall be declared bankrupt and bankrupt.

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