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(영문) 인천지방법원 2018.07.12 2017가단22093

어음금

Text

1. The Defendant: (a) KRW 110,00,000 for the Plaintiff and 6% per annum from May 31, 2018 to July 12, 2018; and (b) the Plaintiff.

Reasons

1. As to the cause of claim

A. On October 10, 2014, the Defendant issued, on behalf of the Plaintiff, a promissory note in blank (hereinafter “instant promissory note”) with the payment date of KRW 110,000,000 at face value and January 6, 2015, in lieu of the purchase price of the goods. On October 10, 2014, the Plaintiff deposited the instant promissory note in the bank passbook (hereinafter “instant promissory note”). However, the Plaintiff presented a payment proposal at the payment place on May 22, 2017, but the payment was refused on the ground that the period for presentation has expired.

3) On May 24, 2018, the Plaintiff filed the instant lawsuit, and on May 24, 2018, on which the instant lawsuit was pending, the Plaintiff stated the date of issuance of the instant promissory note as the Plaintiff on October 10, 2014, and the addressee column as the Plaintiff, and again presented payment in the manner that a certified copy of the third pleading protocol stating the said content is served on the Defendant, who was absent on May 30, 2018. [No. 1 and 3 evidence, the purport of the entire pleadings, and substantial facts, based on recognition]

B. The Defendant, who is the issuer, is obligated to pay to the Plaintiff, the holder of the Promissory Notes KRW 110,00,000 per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day of May 31, 2018, which is the day following the date of issuance of the Promissory Notes in this case and the date when the Plaintiff presented payment to the Defendant after the Plaintiff supplemented the date of issuance of the Promissory Notes in this case, and to pay damages for delay at each rate of KRW 15 per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. As to the defendant's argument

A. The due date for the payment of the Promissory Notes in this case is May 2, 2014, when four months from January 2, 2014, the Defendant issued the Promissory Notes.

The Plaintiff changed the payment date on January 6, 2015 in order to extend the payment date of the Promissory Notes in this case.

The Promissory Notes of this case.