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(영문) 전주지방법원 2020.07.02 2019나817
대여금
Text

1. Each appeal by the Defendants is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 14, 1999, Defendant B endorsed to the Promissory Notes (in its maturity, August 15, 1999; hereinafter “ Promissory Notes”) with a face value of KRW 17,300,000,000 issued by D, and ordered the Plaintiff.

B. On August 28, 1999, the Defendants drafted a letter stating, “I will submit to the Plaintiff a letter stating, “I will pay to the Plaintiff the amount of KRW 17,300,000,000,000,000,000 to be paid to the Plaintiff by September 30, 1999, and will submit to the Plaintiff a letter stating, “I will pay the amount of KRW 19,000,000 to be paid to the Plaintiff by November 30, 1999.”

On March 26, 2001, 500,000 on June 15, 2001; December 200, 2001; December 8, 2001; 200,000 on January 12, 200, 2000 on March 25, 2002; and on December 19, 19, 2000 on December 10, 2000, 200 on January 30, 2004, 20,000 on March 5, 200, 200 on February 7, 100, 2005; and on March 5, 2000; and on March 5, 2008, 2000; and

C. From March 26, 2001 to February 23, 2009, Defendant B remitted the sum of KRW 2.250,000 to the Plaintiff’s account as indicated in the following table.

On October 10, 2016, the Defendants drafted a payment certificate stating that “I will make 100,000 won in one month to be stated” (hereinafter “instant payment certificate”) and Defendant B remitted KRW 100,000,000 to each Plaintiff’s account on February 28, 2017 and April 12, 2017.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including virtual numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. On April 14, 1999, the Plaintiff agreed to lend KRW 17.3 million to the Defendants on August 15, 1999 and to pay them on August 15, 199. The Defendants are jointly and severally liable to pay the above loans and the damages for delay to the Plaintiff.

B. Defendant B received a discount from the Plaintiff on the Promissory Notes.

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