beta
(영문) 창원지방법원진주지원 2015.01.28 2013가합1337

약정금

Text

1. The Plaintiff, Defendant B, and Defendant C, jointly with the Plaintiff, amounting to KRW 300,000,000.

Reasons

Basic Facts

On February 28, 2013, Defendant C issued to the Plaintiff a promissory note (hereinafter “instant promissory note”) indicating the issuer Defendant AK Industry Development Co., Ltd. (hereinafter “Defendant Company”), the par value of KRW 300,000,000, issue date, August 8, 2012, the due date of payment, February 28, 2013, and the due date of payment.

The Promissory Notes of this case contains each endorsement of the Defendant Company, Defendant B, and Defendant C, and the address and name of Defendant D are indicated in the column of receipt, and the seal of Defendant D is affixed to the name next thereto.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including a serial number), defendant company as a whole purport of pleading, defendant company as the issuer of the Promissory Notes of this case, and defendant B as the issuer of the Promissory Notes of this case, and the above Defendants are liable to pay the above amount of the Promissory Notes of this case and damages for delay in combination with defendant C and D.

Articles 208(3)2 and 150(3) of the Civil Procedure Act of each applicable provision of Acts (by the deeming as “self-consumption”) of the Civil Procedure Act, as the endorser of the Promissory Notes of this case, Defendant C, as the endorser of the Promissory Notes of this case, is liable to pay the amount of the Promissory Notes and damages for delay in connection with the said amount.

Article 208(3)3 of the Civil Procedure Act (amended by Service by Public Notice) of the applicable provisions of the Act on the Civil Procedure (amended by Act No. 208(3) of this Act on the claim against Defendant D, the Plaintiff asserted that Defendant D did not have any obligation to pay the amount of the bill to the Plaintiff on the ground that there was no margin in the column of endorser of the said bill, and that Defendant D’s name and address were written in the column of the blank Receipt within the meaning of the guarantee. As such, the above Defendant claimed that the said amount of the bill and its delay damages should be paid jointly with Defendant Company B, B, and C. However, Defendant D’

The bill shall be written as the debtor.