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(영문) 서울남부지방법원 2019.12.13 2019가단213690
어음금
Text

1. The Plaintiff’s rehabilitation claim against the Plaintiff Company B is KRW 137,50,000 and KRW 38,000,000 among them.

Reasons

1. Facts of recognition;

A. B Co., Ltd. issued three copies of the electronic bill of commitment as follows:

The face value of KRW 49,500,000 electronic bill (electronic bill number D, date of issue on September 10, 2018; date of issue on February 16, 2019; date of issue on February 16, 2019); and the face value of KRW 50,00,00 in face value (electronic bill number G; date of issuance on September 10, 2018; date of issuance on September 9, 2019; date of issuance on February 9, 2019; date of issuance; date of issuance; date of issuance; Busan E, Payment Bank; and store FF Bank; maturity at KRW 38,00,000 at face value (H; date of issuance; September 11, 2018; date of issuance; January 10, 2019); and place of payment in Busan F Bank and Dong Bank).

B. The Plaintiff, as the final holder of each of the foregoing electronic Promissory Notes, proposed payment of each of the said Promissory Notes around the time of each payment (on February 18, 2019, February 11, 2019, January 10, 2019). However, the Plaintiff refused payment on the ground of each of the acceptance. Accordingly, on February 21, 2019, filed an application with the instant court for the instant payment order seeking the payment order against the said respective Promissory Notes and the damages for delay.

C. On the other hand, on March 18, 2019, when the instant lawsuit was pending, B filed an application for commencing rehabilitation procedures with Busan District Court 2019 Ma1003. On April 23, 2019, the said court decided C’s representative director as the debtor’s custodian, instead of appointing a separate administrator, when it decided to commence rehabilitation procedures with respect to B on April 23, 2019.

In the above rehabilitation procedure on May 22, 2019, the Plaintiff reported each of the above bills of exchange (the same contents as the payment order in this case) as rehabilitation claims, but the custodian C of B, a rehabilitation debtor corporation, raised an objection thereto.

E. On July 23, 2019, the Plaintiff filed an application to resume the instant legal proceedings with B’s custodian C, a rehabilitation debtor, and changed the application to the litigation for confirmation of the rehabilitation claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the above facts of recognition, unless there are special circumstances.

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