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(영문) 광주지방법원 2014.12.16 2014가단23916

수표금

Text

1. The Defendants jointly establish a group of KRW 50,000,000 with respect to the Plaintiff and the period from March 8, 2014 to May 26, 2014.

Reasons

1. On November 7, 2013, Defendant Corporation: (a) issued a check number sheet (0101650 won per check number) of KRW 50 million per check number (hereinafter “instant check number”); (b) Defendant Corporation Mine Pung Construction and Cheong River Construction Co., Ltd. issued each endorsement on the instant check number; and (c) the Plaintiff, as the final holder of the check number, presented a payment proposal on March 7, 2014; and (d) rejected payment as a cause for the report of an accident.

Therefore, Defendant A, as an issuer of the instant check number, is obligated to jointly pay interest and delay damages calculated at the rate of 20% per annum as stipulated by the Check Act from March 8, 2014 to May 26, 2013, on the record that the check amount is KRW 50,000,000 as well as the date following the date of payment proposal as sought by the Plaintiff, as an endorser of the check number of units of this case, to the Plaintiff jointly with the issuer of the instant check number of units, and the interest and delay damages calculated at the rate of 50,000 per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. As to this, Defendant Mine Construction Co., Ltd. received the instant check number from Defendant A Co., Ltd., and delivered it as advance payment for Soduk Construction Co., Ltd., but the instant check amount claim in excess of the actual amount of construction since he retired without doing any construction as much as the check amount. Nonparty A received the instant check number number from Defendant D Co., Ltd. under the name of construction cost, and again issued it again to Defendant B Co., Ltd. under the name of construction cost, as the price for construction material, and the Defendant D Dental Construction duly received as above.