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(영문) 광주지방법원 2018.09.11 2017가단7946

약속어음

Text

1. The Defendants jointly combine the Plaintiff with KRW 99 million, as well as 6% per annum from January 28, 2017 to July 20, 2017.

Reasons

1. Determination as to the cause of the claim: (a) Defendant B Co., Ltd. issued promissory notes in Gwangju Metropolitan City with face value 99 million won; (b) January 27, 2017; and (c) January 27, 2017; and (d) endorsement on the said promissory notes in turn by Defendant C Co., Ltd.; (b) Defendant D and Defendant E; and (c) the fact that the Plaintiff, the final holder of the instant promissory notes, presented the payment of the said notes at the time of payment, but refused to pay, is not in dispute between the parties concerned; or is recognized in accordance with the purport of the entire pleadings as a whole.

Therefore, barring any special circumstance, the Defendants are jointly obligated to pay to the Plaintiff the Promissory Notes KRW 99 million and delay damages therefor (from January 28, 2017, which is the day following the payment date, to the last delivery date of the instant complaint, 6% per annum under the Bills of Exchange and Promissory Notes Act, and from the next day to the day of full payment, 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings).

2. Determination as to Defendant E’s assertion

A. A. The summary of Defendant E’s assertion - Defendant C Co., Ltd. (hereinafter “C”) received a subcontract from the Plaintiff for reinforced concrete construction (hereinafter “instant construction”) among the F apartment construction works in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, for a contract amount of KRW 15,789,150,000. Defendant C also was responsible for the Plaintiff’s occurrence of additional expenses, such as personnel expenses, material, rent, site management expenses, etc. - The Plaintiff failed to pay the settlement amount to the Plaintiff for the request for the settlement of the above cost loss - In order to pay the increased wage, the Plaintiff provided the instant promissory note issued by Defendant C Co., Ltd. as collateral and received a certain amount of money from the Plaintiff and resolved the wages of on-site workers at around September 2016, which had been employed by C as the regular business of the Plaintiff at the time of the settlement of the weekly wage.