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(영문) 부산지방법원 2016.07.01 2016가단4422
약속어음금
Text

1. The Defendant amounting to KRW 25 million to the Plaintiff and the Plaintiff’s annual rate of 6% from December 6, 2015 to December 28, 2015.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or recognize the facts in each entry in Gap evidence 1, No. 2-1, No. 2, and Eul evidence No. 2, together with the purport of the whole pleadings. A.

On June 29, 2015, the Defendant issued one copy of the electronic bill (hereinafter “instant electronic bill”) (hereinafter “instant electronic bill”) at the time of payment, which is the opening point of a company bank bank bank (hereinafter “instant electronic bill”) to the Sejong Steel Co., Ltd. (hereinafter “Sjin Steel”) in accordance with the procedure stipulated in the Issuance and Distribution of Electronic Bills Act (hereinafter “Electronic Bills Act”).

B. In accordance with the procedure stipulated in the Electronic Bills Act, the Sejong Steel Co., Ltd. endorsed and transferred to the Plaintiff one copy of the electronic bill (e.g., bill No. B, split number C, and hereinafter “instant installment”) that caused the amount of the electronic bill of this case to KRW 25 million.

C. The Plaintiff presented the payment of the instant divisional bill at the above payment date, but the payment was refused on the ground of the receipt of the accident report (defluence, e.g., breach of contract).

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant, who is the issuer of the instant electronic bill, is obligated to pay to the Plaintiff, the final holder of the instant electronic bill, the amount of KRW 25,00,000 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 December 6, 2015 to December 28, 2015, the delivery date of the copy of the instant bill, as claimed by the Plaintiff, and from the next day to the day of full payment, 15% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

B. As to the judgment on the Defendant’s assertion, the Defendant issued the instant electronic bill to Sejong Steel due to the Defendant’s deception to supply 475 tons of the sheet file at the site of Goyang Steel located in Goyang-si, Gyeonggi-do upon the advance payment of the material price.

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