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(영문) 서울중앙지방법원 2017.06.15 2017가단1101

물품대금

Text

1. The Defendants jointly combine the Plaintiff with KRW 81,90,000, and 5% per annum from February 7, 2017 to June 15, 2017.

Reasons

According to Gap 1 and 2, the Defendants issued and delivered a promissory note as of May 8, 2016 to the Plaintiff on May 8, 2015, respectively, with the amount of KRW 81,90,00,000, the payee, the Plaintiff, the place of issuance, and the place of payment, respectively, and the due date of the Seoul Special Metropolitan City and May 8, 2016.

Therefore, the Defendants, the issuer of the said promissory note, are jointly and severally liable to pay to the Plaintiff the amount of KRW 81,90,000 and the damages for delay calculated at each rate of 5% per annum as requested by the Plaintiff from February 7, 2017 to June 15, 2017, when a copy of the instant promissory note was delivered to the Plaintiff by the Defendants, and the said promissory note was presented to the Defendants for the payment of the said promissory note, and as requested by the Plaintiff, from February 7, 2017 to June 15, 2017.

(A) The Plaintiff filed a claim for delay from May 9, 2016, which is the day following the date of the payment of the said Promissory Notes, to the date of the final delivery of the copies of the instant Promissory Notes. However, there is no evidence to acknowledge that the Plaintiff, by making a lawful payment proposal on the payment date of the said Promissory Notes, caused the Defendants to delay of performance, and thus, the Plaintiff’s claim for delay is rejected. Accordingly, the Plaintiff’s claim for delay is accepted within the scope of the said recognition, and