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(영문) 수원지방법원안양지원 2014.07.04 2013가합3908
대여금
Text

1. The Defendant’s KRW 110,000,000 and its amount are 18% per annum from September 14, 2012 to July 15, 2013 to the Plaintiff.

Reasons

1. According to Gap evidence Nos. 1, 2, and 3 as to the cause of the claim, the defendant, on September 14, 2012, prepared a loan certificate with the effect that the plaintiff borrowed KRW 110,000,000 from the plaintiff on December 13, 2012 as the maturity date, and interest at the rate of KRW 1.5% per month (hereinafter "the loan certificate of this case") and delivered it to the plaintiff. The plaintiff remitted KRW 40,000 to the defendant on the same day. The plaintiff, around September 14, 2012, paid KRW 70,000,000 to the defendant by endorsement at a promissorysory note issued by the Seocheonsch Rexroth Co., Ltd., and delivered it to the defendant by the day following the day of delivery. According to the above recognition facts, the defendant is obligated to pay the loan interest of KRW 110,00,000 and delay damages by 15% per annum from September 13, 2014, 2015.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion was endorsed to the promissory note in the face value of KRW 47,850,000 issued by ENS Korea upon the Plaintiff’s request by C, but the promissory note in the face value of KRW 47,850,000 issued by Korea-China Co., Ltd. was not endorsed, but the Defendant’s endorsement was written on the said note.

Since then, D, the final holder of the above two promissory notes, applied for a payment order against the Defendant, who is the endorser, and the Defendant believed that C would resolve and did not raise an objection thereto, and the above payment order was finalized, and D applied for a compulsory auction against the apartment owned by the Defendant pursuant to the above payment order.

Accordingly, the defendant raised a claim against C, and the plaintiff, a partner of C, tried to find the defendant and resolve the above auction case for the purpose of punishment. On the other hand, the defendant sent 40,000,000 won to D and filed a request for auction.

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