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(영문) 수원지방법원평택지원 2015.01.14 2013가합4281

각서금

Text

1. The Defendants shall jointly and severally serve as KRW 300,000,000 on the Plaintiff and as a result, from November 14, 2008 to April 24, 2014.

Reasons

1. Following the facts of recognition are as follows: ① The above Defendant is deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act between the Plaintiff and the Defendant A; ② The Plaintiff and the Defendant B may be acknowledged by taking account of the overall purport of the pleadings between evidence No. 1, evidence No. 2, and evidence No. 1, and evidence No. 2.2.

주식회사 경기웰팜은 2008. 5. 13. 액면금 3억 원, 지급기일 2008. 11. 13., 지급장소 농협중앙회, 발행지 백지, 어음번호 C으로 된 약속어음(이하 ‘이 사건 약속어음’이라 한다)을 발행하였다.

B. On September 8, 2008, the Plaintiff, a corporation with the purpose of warehouse storage business, real estate rental business, transportation business, etc., was issued a discount on the Promissory Notes (in the case of the Promissory Notes, the endorsement in the name of the Defendant is made in blank, and the endorsement in the column of the third endorsement is made in blank, and in the same word, the document of refusal is written “exemption from the preparation of a protest”) as follows from the Defendants on September 9, 2008 (hereinafter “each of the instant notes”).

Each Promissory Notes: the bill number of KRW 300,000,000 for the daily bill: C: the due date of May 13, 2008: It shall be paid within the due date of the issuance of the said Promissory Notes on November 13, 2008.

Defendant A, who was a letter of September 9, 2008, returned to the representative director of the Plaintiff B.

C. The Promissory Notes of this case was disposed of on October 20, 2008 on the grounds of non-transaction and thus its payment was rejected.

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the defendants are jointly and severally liable to pay the amount of KRW 300 million and damages for delay to the plaintiff pursuant to the letter of this case, unless there are any special circumstances.

B. Defendant B’s assertion (i.e., Defendant B), first of all, was prepared in order to guarantee the obligation of recourse under the Bill of Exchange and Promissory Notes Act, which is the endorser of the Promissory Notes of this case, and Defendant A is the corporation.