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(영문) 대구지방법원 포항지원 2018.10.30 2018가단100203
어음금
Text

1. The Plaintiff:

A. The Co., Ltd. and Defendant Daeung Construction Co., Ltd are incorporated to KRW 100,000,000.

Reasons

1. Indication of claims for determination as to the claims against Defendant Limited Partnership Company and A: The grounds for the claims are as specified in attached Form A;

Article 288 of the Civil Procedure Act)

2. According to the evidence No. 1 of the judgment as to the claim against the Defendant Daeung Construction Co., Ltd., the facts as stated in the attached Form No. 1 can be acknowledged.

Therefore, Defendant Daeung Construction Co., Ltd is obligated to pay damages for delay at each rate of KRW 100,00,000 per annum under the Commercial Act from April 23, 2017 to January 26, 2018, the delivery date of the complaint in this case, which is the delivery date of the complaint in this case, in collaboration with the friendship of Defendant Daeung Construction Co., Ltd. in combination with the friendship of the defendant limited partnership company, and at each rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

In regard to this, Defendant Daeung Construction Co., Ltd. asserted that the instant promissory note was issued by means of a financing bill upon the request of T&W, and thus, it cannot be held liable. However, the issuer of a financing bill cannot set up against the third party who has received the said note in good faith or bad faith against the party who has received it from the T&W, or cannot set up against the defense of a financing bill that was issued without compensation even if the acquisition was made by endorsement after the due date (see, e.g., Supreme Court Decision 2001Da28176, Aug. 24, 2001).

3. Thus, the plaintiff's claim of this case against the defendants is justified.

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