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(영문) 수원지방법원안양지원 2016.07.21 2015가단19962

약속어음금

Text

1. The Defendants jointly joined the Plaintiff KRW 50,000,000 and the Defendants B from September 30, 2015 to February 5, 2016.

Reasons

1. Indication of the claim for determination as to the claim against Defendant B, C, D, and F: as shown in the grounds for the claim in the attached Form.

Confession Judgment (Article 208 (3) 2 of the Civil Procedure Act)

2. On May 21, 2015, in full view of the purport of the argument as to the claim No. 1 as to Defendant E, the Plaintiff issued an electronic bill (hereinafter “instant bill”) which is the recipient’s assets management, par value 50,000,000, and due date September 30, 2015, which is the ordinary village of the company bank at the place of payment, and the due date. The instant bill was transferred from the beneficiary and the first endorsement, Defendant B, C, and D to Defendant F Co., Ltd. on June 9, 2015; the Plaintiff received and endorsed the instant bill from Defendant F Co., Ltd. and presented it to the final holder of the instant bill at the place of payment, but was refused to pay the bill, barring any special circumstance, the Defendant is liable to pay the Plaintiff 00 won and delay damages of the instant bill to the Plaintiff, which is the holder of the instant bill.

Defendant E asserted to the effect that the bill was returned again because the construction cost of the instant bill was the windows and miscellaneous construction cost of the building outside Jung-gu Seoul, Jung-gu, and two parcels of land, and the bill was delivered by H from the site manager H, and the bill was not discounted. However, the above Defendant’s assertion constitutes a defense due to personal relations with the endorsee and thus cannot be asserted against the Plaintiff, the final holder of the bill of this case, and therefore, it is without merit.

3. If so, the Defendants, who are the endorsers of the Promissory Notes, together with the Plaintiff, have a copy of the Promissory Notes from September 30, 2015, which is the due date of the Promissory Notes.