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(영문) 수원지방법원안산지원 2017.06.09 2015가단101863
어음금
Text

1. The Defendant paid KRW 34,584,625 to the Plaintiff KRW 6% per annum from January 15, 2015 to June 9, 2017.

Reasons

1. Facts of recognition;

A. On April 21, 2014, the Defendant issued and delivered to the Plaintiff an electronic bill with a face value of KRW 39,000,000 at face value, and maturity of November 30, 2014, which is sent to a corporate bank branch, the recipient, the Plaintiff, and the serial number B (hereinafter “instant bill”).

B. The Plaintiff, as the holder of the Promissory Notes, proposed the payment of the Promissory Notes to the said financial institution on the date of payment, but was denied on the ground of accident report.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 39,000,000 and damages for delay as stipulated in the Bills of Exchange and Promissory Notes Act, unless there are special circumstances.

3. Judgment on the defendant's defense

A. Accordingly, the Defendant asserted that the bill of this case was issued for the payment of 23,00,000 won for the production cost of the powder-feng-type which the Plaintiff supplied to the Defendant and 23,000,000 won for the repair cost. The Plaintiff’s delivery of the gold-type after the lapse of the production period of the agreement and there was a defect that could not be supplemented by repair. Accordingly, the Defendant did not pay the Defendant the amount of the bill of this case for the delayed payment calculated at the rate of 220,000 won per day from the date following the date of issuance of the bill of this agreement until April 21, 2014, which is 40,000 won for the delayed payment, 3,190,000 won for the replacement-type production cost, 29,000,000 won for the replacement-type production cost, and 80,000,000 won for the actual income of the bill of this case to the Defendant.

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