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(영문) 서울남부지방법원 2017.02.15 2016가단231819

어음금

Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 6% from May 30, 2012 to August 3, 2016.

Reasons

1. On May 30, 2012, the Defendant issued to C a promissory note with endorsement made by C on September 1, 2014, in which the Plaintiff acquired the said promissory note with respect to the receipt of endorsement made by C on September 1, 2014, and the fact that the Plaintiff rejected the Defendant’s claim for the payment of the amount against the Defendant, even though it rejected.

Therefore, the Defendant, who is the issuer of the above bill, is obligated to pay to the Plaintiff the amount of KRW 30,00,000 per annum from May 30, 2012, which is the date of issuance of the above bill, to August 3, 2016, the delivery date of the copy of the bill of this case, 6% per annum as stipulated by the Bills of Exchange and Promissory Notes Act, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. The Defendant’s argument regarding the Defendant’s assertion is a defense that the date of the instant promissory note was forged by C, but there is no evidence to acknowledge it, and rather, considering the evidence evidence No. 2 and the result of the appraisal of D by this court, the said promissory note was issued by the Defendant around 2012.

Therefore, the defendant's above assertion is without merit.

3. Conclusion, the plaintiff's claim is justified.