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(영문) 서울동부지방법원 2020.02.18 2019가단109927
어음금
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from February 23, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 31, 2018, D Co., Ltd. issued to Defendant B Co., Ltd. (hereinafter “Defendant B”) an electronic bill (bill number: E) with a face value of KRW 50 million and maturity of KRW 16,000 (hereinafter “instant bill”). The instant bill was endorsed and transferred in sequence to Defendant C Co., Ltd (hereinafter “Defendant C”) and to the Plaintiff on the same day.

B. However, the instant bill was settled in default on December 17, 2018, and the Plaintiff is currently the holder of the instant bill.

[Reasons for Recognition] Defendant B: The absence of dispute, entry of evidence Nos. 2, 3, and 4, and the purport of the whole pleadings, as a whole, Defendant C: Confession (Article 150 of the Civil Procedure Act)

2. According to the above facts of recognition, the Defendants, the endorser of the Promissory Notes, are jointly obligated to pay jointly to the Plaintiff, the final holder of the Promissory Notes, the amount of KRW 50 million and the delay damages calculated at the rate of 12% per annum from February 23, 2019 to the date of full payment, which is the day following the last delivery of the copy of the Promissory Notes, to the day of full payment.

3. Thus, the plaintiff's claim of this case against the defendants is justified, and it is so decided as per Disposition.

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