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(영문) 울산지방법원 2015.01.27 2014가단19034
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from July 24, 2014 to the day of complete payment.

Reasons

1. The plaintiff holds a promissory note (i.e., 0443020, face value 40 million won, face value 40 million won, merchant trade in the issuer company, light trade in the issuance date, and May 3, 2009; hereinafter "the Promissory note in this case") endorsed by the defendant on January 29, 2009, and sought payment of a promissory note to the defendant on June 10, 2009, and the defendant paid 40,000,000 won to the plaintiff on June 10, 2009.

The defendant may recognize that he/she has paid the above money after preparing a loan certificate, and that he/she has paid the above money.

According to the above facts of recognition, the defendant is obligated to pay 40,000,000 won, which is promised to pay to the plaintiff with full payment, and damages for delay.

2. The defendant's argument is as follows.

The Defendant endorsed the Promissory Notes to D in charge of administration of the C Hospital operated by the Defendant.

Around June 2009, the Defendant received a claim from the Plaintiff for a promissory note from the Plaintiff holding the Promissory Notes.

D, however, around April 201, transferred all bonds, such as promissory notes, to E, and the Defendant paid all the proceeds.

Therefore, inasmuch as the debt owed to the plaintiff is fully repaid, the plaintiff must solve this problem with D.

According to the statements in Eul evidence Nos. 1 through 4, D filed a lawsuit against the defendant against the Daegu District Court (2009dan5859). On April 22, 2010, D was sentenced by the above court to pay KRW 40,000,000 and damages for delay for the payment of the Promissory Notes, and D transferred the above Promissory Notes to E on April 201, and E received the succession execution clause.

However, the above facts and evidence Nos. 5 and 6, and the testimony of the witness D alone shall be the defendant's 40,000,000 won to D and E.

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