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(영문) 인천지방법원부천지원 2020.11.17 2019가단13393

어음금

Text

1. The Defendant: (a) KRW 64,00,000 for the Plaintiff and 6% per annum from February 8, 2019 to March 14, 2019; and (b) March 15, 2019.

Reasons

1. Determination as to the cause of claim

(a) Facts under recognition may be found either in dispute between the parties or in each entry of Gap 1 through 9 (including paper numbers) by adding to the whole purport of the pleadings.

1) The Defendant: (a) on October 11, 2018, the medical corporation C, the addressee, the medical corporation C (hereinafter “instant medical foundation”).

) A copy of an electronic bill (hereinafter “electronic bill of this case”) at the face value of KRW 50 million, No. D, and due date of payment on February 8, 2019, and one electronic bill (hereinafter “electronic bill of this case”) at the E B B-dong branch of the Payment Bank E.

2) Following the issuance and delivery of the instant electronic bill: (a) KRW 64 billion out of the face value of the instant electronic bill; (b) the instant medical foundation was made to F on October 11, 2018; (c) Company F on October 11, 2018; (c) Company G on November 8, 2018; and (d) Company H on November 8, 2018, with the exemption of each Plaintiff from the preparation of a certificate of non-payment.

(As above, the electronic bill of this case, which is divided and endorsed at a face value of 64 million won among the electronic bills of this case (hereinafter “electronic bill after the division”). The Plaintiff currently holds the electronic bill after the division.

3. On or before February 8, 2019, the Plaintiff presented a payment proposal for electronic bills to the Financial Settlement Agency, which is an electronic bill management agency, under the Act on the Issuance and Distribution of Electronic Bills, but was rejected due to the shortage of deposits.

B. Determination A.

Comprehensively taking account of the facts acknowledged in paragraph (1), the Defendant, the issuer of the instant electronic bill, is the Plaintiff, who is the holder of the instant electronic bill after the split-off, with a face value of 64 million won of the instant electronic bill and its related thereto ① From February 8, 2019, the maturity date of the instant electronic bill after the split-off to March 14, 2019, the delivery date of a copy of the instant bill, as stipulated in Articles 78(1), 28(2), and 48(1)2 of the Bills of Exchange and Promissory Notes Act, and ② the legal interest rate of 6% per annum from March 15, 2019 to May 31, 2019.