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(영문) 서울북부지방법원 2016.12.23 2016가단1783
약속어음금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion: (a) around January 2010, the Plaintiff lent KRW 50 million to the Defendant; and (b) on August 10, 2010, the Defendant, who did not pay the said money, made and issued a promissory note deed with KRW 110 million to the Plaintiff.

Since the plaintiff was paid KRW 15,787,291 from the defendant, the defendant is obligated to pay the balance of the loan to the plaintiff KRW 94,212,709 and delay damages.

B. The Defendant’s assertion does not have borrowed money from the Plaintiff. However, the Plaintiff only invested KRW 50 million in C Co., Ltd. operated by the Defendant (hereinafter “Nonindicted Co., Ltd.”), and the Plaintiff issued a promissory note in the name of the Defendant, stating that the promissory note was issued in the name of the Defendant as necessary for the discount of bills to raise business funds. As such, the Plaintiff’s claim is unreasonable.

2. According to the evidence evidence Nos. 1 and 2-1, 2, 1, and 2, the Plaintiff deposited each amount of KRW 20 million with the bank account of the non-party company that the Defendant was the representative, and KRW 30 million on January 20, 2010. On August 10, 2010, the Defendant drafted to the Plaintiff a promissory note as of September 30, 2010, with the face value of KRW 110 million with the same legal firm No. 723 on August 10, 2010.

However, in the instant case where the Plaintiff requested only the payment of the loan to the Defendant, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Plaintiff lent KRW 50 million to the Defendant or KRW 110 million, and there is no other evidence to acknowledge it.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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