logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.10.25 2013가단30490
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 41,00,000 and the interest rate of KRW 20% per annum from June 26, 2013 to the day of complete payment.

Reasons

In full view of the purport of the arguments in Gap evidence 1, 2, and Eul evidence 1, the defendant agreed to deposit the amount equivalent to the discount rate of the bill of this case with the plaintiff on the 18th of the same month, after receiving a request for discount of a promissory note (hereinafter "the Promissory note in this case"), which is the face value of 90,000,000 won for a discount of the bill of this case, from Eul, and around November 17, 2004. The plaintiff and the defendant agreed to deposit the amount equivalent to the discount rate of the bill of this case with the settlement account of the issuer E, which is the date of payment, by March 15, 2005. The plaintiff agreed to pay the amount equivalent to the discount rate of the bill of this case to the plaintiff on Nov. 18, 2004, with the discount of 8,800,000 won for the bill of this case, and the defendant paid the remaining amount to the plaintiff 1,400,0000 won.

In this regard, upon C’s request, the Defendant requested the Plaintiff to discount the bill of this case, and all the Plaintiff received the discount amounting to KRW 41 million from the Plaintiff and delivered the discount amount to C. Thus, the Defendant did not have the obligation to pay the discount amount to the Plaintiff.

As seen above, the Defendant requested the Plaintiff to pay the bill discount of this case upon C’s request, and all of the KRW 41 million paid by the Plaintiff to C, but the parties to the above agreement are the Defendant who is not C, and the Defendant also stated in the investigative agency that the Plaintiff was liable for the said agreement, in light of the fact that the Plaintiff was unaware of C, and that the Defendant actually used the said discount amount in the sense that the Defendant was liable for the said agreement, even if it is said C, the Defendant cannot be held liable for the said agreement.

arrow