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(영문) 대전지방법원천안지원 2013.04.19 2012가합4643

어음금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 7,893,600 as well as the full payment from May 19, 2012.

Reasons

1. The Defendant, as indicated below, issued and delivered Three Promissory Notes (hereinafter “each Promissory Notes”) to the Plaintiff as indicated in [Attachment 1], and the Plaintiff currently held each Promissory Notes, and the Plaintiff was asked to pay each Promissory Notes at the place of payment on each due date, but all of the instant Promissory Notes was refused due to the receipt of the accident report, and the Plaintiff’s refusal to pay the Promissory Notes can be recognized as either there is no dispute between the parties or by comprehensively taking into account the purport of the statement and the entire pleadings. Thus, barring any special circumstance, the Defendant is liable to pay to the Plaintiff damages for delay at a rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 19, 2012 to the day of full payment.

The judgment on the defendant's defense and counterclaim claim on August 23, 2009, the Bank of Seoul Industrial Bank of Korea 2 E on June 23, 2009, June 23, 2009, 200: the date of issue of the original payment date, 1D 1D 2,860,000 on May 20, 2009; and 1D 2,860,000 on July 23, 2009, when the bill number was issued;

A. Basic facts 1) The Defendant is the spouse of the network G, who succeeded to the rights and duties of the manufacturer (trade name: H) of the automobile parts (barc) operated by the deceased on November 4, 2004 as the deceased died on or around November 4, 2004, and C was employed as the head of the factory and vice president from July 1994 to June 2009 and was in overall control of the business of the above company, including manufacture, supply, management of passbooks, issuance of bills, and execution of funds. The Plaintiff, with the trade name of I, was a customer who operates automobile-related parts business in accordance with H’s order for the above period. (2) The Plaintiff is a unit price for the supply, quantity, etc. when entrusting the manufacturer of the automobile parts or manufacturing of the pertinent products to the customer.