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(영문) 전주지방법원 2020.12.15 2019가단32028

어음금

Text

Defendant:

A. With respect to Plaintiff A’s KRW 106,00,000 and KRW 50,000 among them, KRW 50,000 from September 21, 2019 to KRW 56,00,00.

Reasons

1. Facts of recognition;

A. The Defendant issued each of the electronic bills (hereinafter “each of the bills of this case” or “the 1 to 3 bills of this case”) to a limited liability company D (hereinafter “D”) as follows:

On April 25, 2019, the issue date of the electronic bill number No. 1 E 50 million won for the due date of the issuance date of the electronic bill number No. 1 E 1 E 5,000 won for the expiration date of April 25, 2019, and KRW 56 million for the April 19, 2019. < Amended by Presidential Decree No. 25781, Oct. 3, 2019; Presidential Decree No. 25780, Nov. 10, 2019>

D After endorsement on each of the instant bills 1 and 2, D endorsed on the instant notes, and subsequently transferred each of the instant bills to Plaintiff A after endorsement on the instant three bills.

C. The Plaintiffs, the final holder of each of the instant notes, presented a payment proposal within the period for presentment of payment of each of the instant bills, but were denied on the ground of acceptance.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination:

A. According to the facts of the determination as to the cause of the claim, the Defendant, the issuer of each of the instant bills, barring any special circumstance, shall pay the Plaintiff, who is the final holder of each of the instant bills 1 and 2, 16 million won in total and 5 million won in face value of each of the instant bills, from September 21, 2019 that the Plaintiff A seeks to pay at least 56 million won in face value of each of the instant bills after the due date, and from October 12, 2019 that the Plaintiff sought at KRW 56 million in face value of each of the instant bills from October 12, 2019 to December 19, 2019, the delivery date of each of the copies of each of the instant bills from the following day to December 19, 2019 to the expiration date of each of the instant bills, 16% in total calculated at the rate of 12% per annum as stipulated by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, to the Plaintiff 1600.