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(영문) 대구지방법원경주지원 2015.03.24 2014가단4791

어음금

Text

1. The Defendant’s KRW 29,590,000 as well as the Plaintiff’s annual rate of KRW 6% from March 3, 2015 to March 24, 2015, and the next day.

Reasons

1. Basic facts

A. On May 15, 2014, the Defendant issued 19,470,00 won at a face value, Sweet Industries, Sweet Industries, and the due date. On May 15, 2014, 10, Daegu Bank Co., Ltd., Daegu Bank, the issue date, the issue date, and one promissory note, each of the blanks in the place of payment (hereinafter “instant Promissory Notes”), 10,120,000 won at face value, the payee Sweet Industries, and the due date, June 15, 2014; the payment place Co., Ltd., Daegu Bank, the issue date, and one promissory note, each of the blanks in the place of payment (hereinafter “instant Second Promissory Notes”).

B. The endorsement of each of the bills of this case is exempted from the preparation of each protest, and the endorsement in the name of Sweet industry, the plaintiff, and the dispatching industry corporation is cut to Sweet the endorseer in blank.

C. The Plaintiff possessed each of the instant bills, and did not supplement the issue date of each of the instant bills, and was refused to pay the instant bills on May 15, 2014, and the instant bills on June 16, 2014.

During the proceeding of the instant lawsuit, the Plaintiff supplemented the column for the issuance date of the Bill No. 1 as “ January 14, 2014” and the column for the issuance date of the Bill No. 2 as “ February 6, 2014,” respectively, and presented the payment to the Defendant on March 2, 2015 by the delivery of the preparatory document as of February 25, 2015.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 10, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant, as an issuer of each of the instant bills, shall pay to the Plaintiff the sum of KRW 29,590,000 ( KRW 19,470,120,000) and damages for delay calculated at the rate of 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from March 3, 2015 to March 24, 2015, which is the day following the day on which each of the instant bills was lawfully presented for payment, to the Plaintiff.