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(영문) 서울남부지방법원 2019.05.28 2018가단232984
어음금(약속어음금)
Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from September 16, 2018 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the defendant issued a promissory note as of April 10, 2008 and issued on April 20, 2018 to the plaintiff on April 10, 2008, with a face value of KRW 120,000,000, issue date, and a promissory note as of April 20, 2018, with face value of KRW 30,000,000, and issue date of April 10, 2018.

According to the above facts, the defendant is obligated to pay to the plaintiff 150,000,000 won in total (the above KRW 120,000,000) and 30,000,000 as requested by the plaintiff after the date of payment, the following day after the copy of the complaint of this case was served to the defendant is clearly 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 16, 2018 to the date of full payment.

2. On the judgment of the defendant's assertion, the defendant argued to the effect that he paid all the obligations under each of the above promissory notes to the plaintiff, and that the plaintiff sent each of the above promissory notes to other creditors and prepared them. However, since there is no evidence to acknowledge the defendant's above assertion, the defendant's above assertion is rejected.

3. Thus, we conclude that the plaintiff's claim of this case is reasonable.

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