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Reasons
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(영문) 서울고등법원 2015.07.10 2014나50717
대여금
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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The plaintiff's assertion

A. While working in the position of president at the male settlement room in the trade name “D” operated by the Defendant, on March 2003, the Plaintiff agreed to pay interest of KRW 100 million on March 24, 2003 from the president of the Soviet (hereinafter “Soviet”) a company with the Plaintiff’s arching K to pay interest of KRW 100,000 on March 24, 2003, and borrowed KRW 100,000,000 to the Defendant on March 25, 2003, which is the following day, and then lent KRW 100,000 by directly granting money to the Defendant or repaying the Defendant’s obligation to the Defendant’s L, and to receive interest of KRW 1 million from the Defendant on behalf of the Defendant.

B. From October 2003, the Defendant was unable to pay the amount equivalent to KRW 38,879,500 from the original supplier to the Plaintiff’s tenant. However, on April 4, 2006, the Defendant issued a promissory note with KRW 15 million at face value, KRW 10 million at face value, KRW 10 million at face value, and KRW 10 million at face value, KRW 13,879,000 at face value, and KRW 38,879,50 at face value, and KRW 3879,00 at face value (hereinafter “instant promissory note”) to the Plaintiff on December 15, 206.

Therefore, although the Plaintiff delivered each of the Promissory Notes to the original supplier, the Plaintiff inevitably pays the original amount to the original supplier due to the Defendant’s failure to pay the amount of the Promissory Notes at the due date, and the Plaintiff collected and holds three copies of each of the Promissory Notes up to now. Thus, it is deemed that the Plaintiff lent KRW 38,879,50 to the Defendant.

C. Therefore, the Plaintiff claimed to the Defendant for the payment of the total amount of KRW 138,879,500 for each of the above loans and the delay damages therefor, and among them, the amount of preliminary agreement shall be KRW 38,879,500 for each of the instant promissory notes.

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