beta
(영문) 의정부지방법원고양지원 2019.05.30 2019가단70526

어음금

Text

1. The Defendant shall pay to the Plaintiff KRW 49,497,50 and the interest rate of KRW 15% per annum from December 4, 2018 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

A. 1) In fact, D Co., Ltd. is entitled to each of the instant bills as shown in the attached Form 3 (hereinafter “each of the instant bills”).

(2) On November 20, 2018, the Plaintiff offered payment of each of the instant bills on November 20, 2018, but refused payment for non-transaction.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

B. The endorsement of the judgment electronic bill requires the endorser’s certified electronic signature (Article 7(6) and 6(3) of the Issuance and Distribution of Electronic Bills Act). Therefore, it is presumed that the holder of the endorsement made on the electronic bill committed an endorsement act.

As an endorser of each of the instant bills, the Defendant is obligated to pay the Plaintiff the total sum of KRW 49,497,500 and 15% delay damages per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from December 4, 2018 to the date of full payment after the original copy of the instant payment order was served.

2. The plaintiff's claim of this case is justified.