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(영문) 서울중앙지방법원 2014.03.20 2013가합83201

어음금

Text

1. The Defendants jointly pay to the Plaintiff KRW 2,500,000,000 as well as the full payment from June 25, 2013.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in the entry and form of evidence A No. 1, and the entry of evidence A No. 2, by integrating the whole purport of the pleadings:

On December 24, 2012, Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant D, the representative director of Defendant C Co., Ltd. (hereinafter “Defendant C”) issued a promissory note with a face value of KRW 2,500,000,000 at face value, an addressee’s preliminary Plaintiff, and the date of payment on June 24, 2013, the place of payment, the place of payment, each Seoul, the issue date, and Seoul, the issuer Co., Ltd., and the issuer C and the Defendant D D (hereinafter “instant promissory note”). The Defendant E Co., Ltd. (hereinafter “Defendant E”) endorsedd the instant promissory note with a notary public on December 27, 2012, as the 328th of December 2012, the said promissory note was notarized.

B. On April 29, 2013, a copy of the instant Promissory Notes containing an expression of intent to claim the amount of the Promissory Notes, accompanied by a copy of the instant Promissory Notes, was sent respectively to Defendant E on April 30, 2013, to Defendant D on April 30, 2013, and to Defendant C on May 22, 2013.

2. Summary of the primary and conjunctive Plaintiff’s assertion;

A. 1) The addressee’s column of the Promissory Notes contains the name of the conjunctive Plaintiff, but in substance, the Promissory Notes were issued for the primary Plaintiff. Defendant C and Defendant D jointly have the duty to pay the said Promissory Notes amounting to KRW 2.5 billion to the primary Plaintiff, the issuer, and the final holder of the Promissory Notes. Defendant E provided endorsement on the Promissory Notes and delivered it to the primary Plaintiff, and even if the series of endorsement is not recognized, Defendant C and Defendant D are the guarantor of the Promissory Notes. Therefore, the addressee of the Promissory Notes is obligated to pay KRW 2.5 billion and interest thereon in collaboration with Defendant C and Defendant D. (2).