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(영문) 인천지방법원부천지원 2019.10.23 2019가단18169

어음금

Text

1. The defendant shall pay 120,000,000 won to the plaintiff and 12% per annum from May 9, 2019 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. On October 11, 2018, Co., Ltd. issued an electronic bill (hereinafter “instant bill”) at the face value of KRW 500,000,000 and the due date of payment to the Defendant on February 8, 2019.

(2) The instant bill was endorsed and transferred in sequence as follows, and the Plaintiff became the final holder thereof.

Defendant 1, on October 11, 2018, whose endorsement amount as of the date of endorsement, Defendant 1, 20,000,000 won, Defendant 2, Inc. D 120,000,000 won on October 17, 2018, Co., Ltd. 3 E Co. 3 E Co. 3 E Co. 120,000,000 on October 17, 2018, the amount of endorsement of which is the date of endorsement, as of the date of endorsement, was presented to the payment place within the payment period, but the Plaintiff was refused payment.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. According to the Act on the Issuance and Distribution of Electronic Bills (hereinafter “Electronic Bills Act”), if the issuer and the endorser of the electronic bill affix their official seal to the electronic bill, they shall be deemed to have issued the electronic bill at the time the issuer sent the electronic bill to another person in accordance with Article 6(1) of the Framework Act on Electronic Documents and Transactions and received the electronic bill from another person in accordance with Article 6(2) of the same Act (Article 6(4)). According to the foregoing facts, the Defendant, as the endorser of the instant bill, is obligated to pay 120,000,000 won to the Plaintiff, the final debtor of the instant bill, as the next day after the date of presentment of payment, and thereafter, to pay damages for delay calculated at the rate of 12% per annum per annum from May 9, 2019 to the day after the date of delivery of the copy of the instant bill at the Plaintiff’s request.

2. As to the defendant's assertion, the defendant is the defendant.