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(영문) 수원지방법원 2020.08.18 2020가단373

어음금

Text

The Defendants jointly combine the Plaintiff with KRW 44 million, and with respect thereto, 6% per annum from November 28, 2019 to June 2, 2020.

Reasons

1. The following facts are acknowledged as follows: (a) between the Plaintiff and the Defendant Company B (hereinafter “Defendant B”) to the purport of the entire entries and arguments as to the evidence Nos. 2 through 4; (b) the Plaintiff and the Defendant Company C (hereinafter “Defendant C”) are deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act; and (c) between the Plaintiff and the Defendant Company D (hereinafter “Defendant D”) are either disputing parties or acceptable as the said evidence.

On-site name: The name of the G company in the name of the defendant C: The defendant C type of construction project: The contract to provide the temporary materials at the new construction site at the time of industrialization and concrete construction and to pay in cash the rent of 40 million won (excluding value-added tax) incurred by the supply of the temporary materials at the new construction site by September 10, 2019, and on August 29, 2019, the electronic bill transferred from the defendant C to the plaintiff's business account from the defendant C to the plaintiff's business account at the same site as a joint guarantor at the above site, and the plaintiff shall not be held liable for any civil or criminal liability against the owner H

(1) The amount for each owner H and one other shall be paid in full).

On August 29, 2018, the Plaintiff drafted a written agreement with F, a representative director of Defendant C, as described below:

B. On July 31, 2019, Defendant B issued an electronic bill (hereinafter “instant bill”) with a face value of KRW 140 million, and with a maturity of November 27, 2019, and Defendant C endorsed each of the instant bills on August 28, 2019 and August 29, 2019.

C. The plaintiff is the above A.

On November 27, 2019, the due date, after receiving the Promissory Notes as collateral by Defendant C in accordance with the written agreement, presented payment to the Payment Bank on November 27, 2019, but refused payment due to non-transaction.

2. As the drawer of the Promissory Notes, Defendant C and Defendant D, together with each endorser of the Promissory Notes, filed by the Plaintiff, who is the final holder of the Promissory Notes, the final holder of the Promissory Notes, as the drawer of the Promissory Notes. As of November 28, 2019, the day following the date of presentment for payment.