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(영문) 서울남부지방법원 2017.10.17 2017가단18761
약속어음금
Text

1. The defendant jointly with the chemical Co., Ltd., and KRW 52,500,000 among them, and KRW 25,000 for the plaintiff.

Reasons

1. Facts of recognition;

A. On January 16, 200, the Defendant issued respectively a promissory note with face value of KRW 25,000,000 on May 7, 2003, and a promissory note with face value of KRW 27,50,000 on January 22, 2003, and the due date of payment of KRW 27,50,000 on May 30, 203, and each of the said promissory notes became the final holders of the Plaintiff through a chemical engineering company.

B. The Plaintiff offered payment of each of the above promissory notes at each payment date, but the payment refusal was made, and the Plaintiff filed an application for payment order with Seoul Southern District Court Decision 2006Ra9166 to seek payment of KRW 52,50,000 and damages for delay. The above payment order was finalized on August 5, 2006 on July 21, 2006 by the Defendant’s failure to raise an objection.

C. On August 3, 2016, the Plaintiff filed an application with this court for a payment order for the extension of the prescription period.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 52,50,000 on the above payment order and KRW 25,00,000 on the bill payment order to the plaintiff jointly with the chemical engineering, barring special circumstances, for the amount of KRW 52,50,000 on the above payment order, from May 7, 2003, from 27,500,000 each year from May 30, 2003 to July 21, 2006, as requested by the plaintiff, 6% per annum from May 30, 2003 to July 21, 206, as requested by the plaintiff, 20% per annum from the next day to June 18, 2017 to which the original copy of the payment order of this case was served, and 15% per annum from the next day to the day of full payment.

B. On the judgment of the defendant's assertion, the defendant asserts that since the ten-year extinctive prescription period from June 8, 2006 when the above payment order was issued, the plaintiff cannot respond to the plaintiff's claim of this case.

The plaintiff's claim against the plaintiff is a new ten-year extinctive prescription from August 5, 2006 when the above payment order became final and conclusive. The plaintiff's claim against the bill is a new ten-year prescription from August 3, 2016.

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