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(영문) 대전지방법원 2016.04.28 2015가단210016

약속어음금

Text

1. The Defendant: (a) KRW 30,00,000 and the Plaintiff’s annual rate from April 1, 2015 to May 22, 2015; and (b) May 23, 2015.

Reasons

1. Judgment on the parties' arguments

A. On January 30, 2015, the Defendant, on January 30, 2015, shall be UNel Co., Ltd. (hereinafter referred to as “Niberel”).

(B) A Promissory Notes with a face value of KRW 30,000,000 at face value, on March 31, 2015, the place of payment, and the place of payment (hereinafter “instant Promissory Notes”)

(2) On March 31, 2015, the Plaintiff offered the instant promissory note to the Plaintiff on March 31, 2015, but the said promissory note was refused due to the declaration of misappropriation.

[Reasons for Recognition: Facts without dispute, entries in Gap evidence 1 and 2 (including paper numbers), the purport of the whole pleadings]

B. According to the determination as to the cause of the claim, the Defendant, as an issuer of the Promissory Notes, has an obligation to pay 20% per annum from April 1, 2015, the following day following the payment date of the Promissory Notes, to May 22, 2015, the delivery date of a copy of the Promissory Notes, as the Plaintiff seeks, 5% per annum from May 23, 2015, and 30% per annum from May 23, 2015 to September 30, 2015 under the main sentence of Article 3(1) of the former Enforcement Decree of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) to the Plaintiff, who is the holder of the said Promissory Notes, at the statutory interest rate of 15% per annum from the next day to the day of full payment (Article 251 to 2513(1) of the Addenda of the Act).

C. The defendant's argument is asserted as follows.

In this case.