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(영문) 전주지방법원 2016.08.23 2015가단26254

어음금

Text

1. As to the Plaintiff KRW 220,000,000 and KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 120,000 from February 17, 2015, and KRW 120,00,00.

Reasons

1. Basic facts

A. On June 20, 2014, C Co., Ltd. (hereinafter referred to as “C”)’s representative director E issued, to a limited liability company on June 20, 2014, a promissory note with a face value of KRW 100,000,000, and the due date of November 21, 2014, a promissory note with a new bank E delivery prevention point in the place of payment and payment, ② a face value of KRW 120,000,000, and the due date of September 19, 2014; ② a promissory note with a new bank delivery prevention point in the place of payment and payment; ② a limited liability company on June 20, 2014, issued to the Plaintiff a non-payment and endorsement of each of the instant promissory notes with no payment refusal point; and the Defendant exempted the Defendant from making and endorsement of each of the certificates, without making it available to the Defendant.

B. C Co., Ltd. extended the payment date of each of the Promissory Notes in this case to February 16, 2015 and March 17, 2015, and the Defendant consented to the extension of the payment date.

C. The Plaintiff presented each of the Promissory Notes in this case at each payment date, but the payment was rejected, and the Plaintiff currently holds each of the Promissory Notes.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant, who is an endorser of each of the Promissory Notes, shall, barring special circumstances, be KRW 220,00,000 (= KRW 100,000,000) and KRW 100,000,000, which is the date following the due date for payment, for the Plaintiff, as the last holder, barring special circumstances, as to KRW 100,000,00,000, which is the date on which the duplicate of each of the Promissory Notes was served on the Defendant from March 18, 2015 to August 21, 205, it is clear that the date on which the duplicate of each of the Promissory Notes was served on the Defendant from March 18, 2015 to September 30, 2015, as requested by the Plaintiff.

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