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(영문) 서울남부지방법원 2020.07.02 2020가단220663
대여금
Text

1. The defendant shall pay 40 million won to the plaintiff and 12% per annum from February 25, 2020 to the day of complete payment.

Reasons

Comprehensively taking account of the purport of the argument in Gap evidence No. 1’s statement, the Plaintiff’s issuance and delivery of promissory notes from the Defendant on April 24, 2012, at par value of KRW 70,000,000, and the due date of October 14, 2012.

The Plaintiff is a person who has received KRW 30,000,000 among the above bills of exchange. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remaining amount of KRW 40,000,000, and damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 25, 2020 to the day of full payment following the delivery of the original copy of the payment order in this case.

In this regard, the defendant asserts that the above bill was prepared as the demand of father C without any cause.

However, there is no evidence to acknowledge this.

Rather, in full view of the evidence Nos. 3, 2, and 1, and 2, D at the time of borrowing KRW 70,000,000 from the Plaintiff, it can be acknowledged that C requested the Defendant to issue the said bill in sequence, and that C prepared and delivered the said bill to the Plaintiff.

Thus, the defendant guaranteed D's above loan debt to the plaintiff and issued the above bill for the payment of the deposit money.

Therefore, the defendant's above assertion is without merit.

Ultimately, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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