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(영문) 대전지방법원 2017.07.20 2016가단11254

약속어음금

Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 6% per annum from March 11, 2016 to April 20, 2016.

Reasons

Basic Facts

On December 4, 2015, the Defendant issued to B an electronic bill with a face value of KRW 100 million and payment date March 10, 2016, and a bank with a branch of payment (hereinafter “electronic bill of this case”).

After that, B entered the endorseer as a school industry corporation (hereinafter “school industry”), and the school industry entered the endorseer as a limited liability company development (hereinafter “unelim industrial development”), and the endorseer as the Plaintiff entered the endorseer as the Plaintiff, and the Plaintiff endorsed and transferred the electronic bill of this case in sequential order by entering the endorseer as the Hanam Industrial Complex 1 Financial Center.

The Hanam Industrial Bank 1 Financial Center, which is the holder of the electronic bill of this case, presented a payment proposal of the electronic bill of this case within the due date, but refused payment on the ground of acceptance.

After that, the Plaintiff paid a bill to the Hanam Industrial Bank 1 Financial Center, and is in possession of the electronic bill of this case.

【In light of the fact that there is no dispute, Gap 1 through 6, and evidence Nos. 8 through 14, and the fact that the judgment of the court below as to the cause of claim as to the whole purport of the pleading, the defendant who issued the electronic bill of this case is obligated to pay the amount of the bill to Hanam 1 Financial Center, which is the holder of the bill of this case, and to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from March 11, 2016 to April 20, 2016, which is the date of delivery of the copy of the bill of this case, to the date of complete payment.

The judgment of the defendant as to the defendant's assertion is that the electronic bill of this case was used only for the purpose of showing business and returned only, and the electronic bill of this case was issued and delivered in sequence, and the school industry, the solar industry, and the development of the solar industry, which was assigned by endorsement in sequence, and the plaintiff made a public invitation for the above deceptive act in B.