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(영문) 서울중앙지방법원 2017.01.09 2016가단5198089

어음금

Text

1. The Defendant’s KRW 35,00,000 as well as the Plaintiff’s annual rate of KRW 6% from July 27, 2016 to September 2, 2016.

Reasons

1. Basic facts

A. On May 27, 2016, the Defendant issued and delivered to the Plaintiff electronic bills (bill No. 00320160,000,000, issue date May 27, 2016, and July 27, 2016, and the maturity date, July 27, 2016, and the Plaintiff’s electronic bills (bill No. 003201605, 28745, hereinafter “instant bills”).

B. On May 27, 2016, the Plaintiff presented a proposal to pay the Promissory Notes to a corporate bank, but was denied on the ground of the declaration of acceptance.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, purport of the whole pleadings]

2. Determination:

A. According to the above facts finding as to the cause of the claim, the defendant, who is the drawer of the bill of this case, is obligated to pay to the plaintiff the amount of KRW 35,000,000 and legal interest or delay damages therefrom, unless there are special circumstances.

B. As to the judgment of the defendant's assertion, the defendant issued the bill of this case by deceiving the defendant that A would pay the above amount by issuing the bill of this case in face value 35,00,000 won, and the plaintiff acquired the bill of this case with knowledge that it would prejudice the defendant, so the plaintiff's claim is unjustifiable, but there is no evidence to acknowledge the defendant's above assertion. Thus, the defendant's above assertion is without merit.

C. According to the theory of lawsuit, the Defendant is obligated to pay to the Plaintiff the amount of KRW 35,00,000 and the damages for delay calculated at the rate of 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from July 27, 2016 to September 2, 2016, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.