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(영문) 광주지방법원 2016.07.08 2015나5374
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Facts of recognition;

A. Defendant C asked D to discount a promissory note in the face value of KRW 54,750,000 (hereinafter “instant promissory note”) issued by a non- original company that received from H (hereinafter “instant promissory note”). On November 21, 2004, Defendant C endorsed endorsed it in the name of Defendant B (hereinafter “Defendant Company”).

B. As the introduction of D, on November 29, 2004, the Plaintiff agreed to pay only the remainder of KRW 15,000,000,000,000, excluding the loan credit amount of KRW 30,000,000 as of September 7, 2004 with Defendant C at a discount of KRW 45,000.

C. On February 19, 2005, Defendant C issued to the Plaintiff, on the same day, a certificate of borrowing that the Plaintiff would pay KRW 54,750,000,000, the face value of the instant bill (hereinafter “the instant certificate of borrowing”). In the event that the instant bill is not settled, Defendant C issued an apartment sale contract with the content that the Plaintiff would sell an apartment building No. 101, 301, 301 (hereinafter “the instant apartment”) under construction on the ground of the former Yong-gun, Yong-gun, and D guaranteed Defendant C’s debt with the instant certificate of borrowing on the same day.

On November 30, 2004, the Plaintiff transferred KRW 15,000,000 to the Defendant C’s account.

E. On February 19, 2005, the defendant company paid 58,000,000 won to the plaintiff due to the default of the bill of this case until March 15, 2005, and prepared a letter of intent to transfer the name of the apartment in case of non-performance.

F. Defendant C prepared a letter and a loan certificate to the Plaintiff several times from May 12, 2005 to February 2, 2008.

G. The Plaintiff received KRW 2,00,000 from Defendant C for several years after preparing the instant loan certificate.

[Ground of recognition] Nos. 1 and 2, and No. 3-1 through 4 [this case's loan certificate, apartment sale contract, and letter (hereinafter "the loan certificate, etc. of this case")]

Defendant C, respectively, shall have the signature of Defendant C.

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