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(영문) 광주지방법원 2019.05.16 2018가단535288

어음금

Text

1. The Defendant shall pay to the Plaintiff KRW 38,50,000 and the interest rate of KRW 15% per annum from December 4, 2018 to the date of complete payment.

Reasons

1. According to the evidence evidence No. 1 to 5 of the judgment as to the cause for the claim, the Plaintiff supplied the Defendant with a panel of KRW 38,50,000,000,000 from September 1, 2016 to February 28, 2017; the Defendant, on March 6, 2017, issued a bill of exchange with the amount of KRW 38,50,000 and the due date on June 6, 2017 to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 38.5 million and the damages for delay calculated at the rate of 15% per annum from December 4, 2018 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.

2. The defendant's assertion that the defendant did not receive the construction price from D and thus failed to pay the amount to the plaintiff. Since part of the claim for construction price against D was transferred to the plaintiff and completed the procedure of preparing a direct payment agreement, the defendant's claim that the defendant's obligation to pay the bills or the price for goods was extinguished, but the defendant's assertion is not accepted since there is no evidence to acknowledge the defendant'

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.