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(영문) 울산지방법원 2016.04.28 2015나5194
약속어음금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In light of the following facts: (a) there is no dispute over the cause of the claim; and (b) comprehensively taking account of the entries in Gap evidence Nos. 1 and 2 and the purport of the entire pleadings, the defendant issued a copy of the electronic bill, which is a new bank of the financial institution requesting payment (hereinafter “instant promissory note”); (c) the beneficiary of the instant promissory note (hereinafter “the instant promissory note”), D, the second endorsement, the third endorsement, the Hyundai Industrial Technology, the second endorsement, the third endorsement, the second endorsement, the second endorsement, the second endorsement, the third endorsement, the third endorsement, C, the third endorsement, C, the 6, the third endorsement, the third endorsement, and the third endorsement, the 12, the Plaintiff, the final endorsement, the Plaintiff, the holder of the instant promissory note, the 10th of the instant case, the second endorsement, and the second endorsement, the second endorsement, the 10th of the instant bonds, and the second endorsement, the second endorsement, the Plaintiff Company, the second endorsement of the instant case.

According to the above facts, the plaintiff acquired the rights of the Promissory Notes in this case issued by the defendant, and presented them to the new bank as the payment institution.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from March 12, 2015 to April 29, 2015, which is the day following the day when the payment was presented, to the day when the copy of the bill of this case is served, to April 29, 2015; Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).

2. Determination on the defense, etc.

A. For this, the Defendant issued the Promissory Notes at a discount by A.

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