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(영문) 전주지방법원 2015.10.06 2014가단43900
약속어음금
Text

1. The defendant is calculated by the ratio of 25 million won to 20% per annum from February 6, 2015 to the day of complete payment.

Reasons

1. The Defendant, on October 9, 2012, issued and delivered to the Plaintiff a bill of exchange on October 9, 2012, the date of issuance KRW 25 million at face value, KRW 25 million at face value, KRW 9,000 on October 9, 2014, the date of payment, KRW 9, the place of payment, KRW 5,000, KRW 1 of the Promissory Notes in blank (hereinafter “the Promissory Notes”). The Plaintiff, upon delegation of the Promissory Notes to Nonparty Co., Ltd. for collection, delegated the said bill to Nonparty Co., Ltd., but the said bank presented the said bill of exchange on the date of payment, but the said bank was refused to pay the Promissory Notes on the ground of misappropriation. The Plaintiff presented the supplementary note to the Defendant through the legal brief as of January 30, 2015, and urged the payment of the Promissory Notes to the Defendant on January 21, 2015, respectively.

According to the above facts, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 20% per annum from February 6, 2015 to the day of full payment after the Plaintiff presented to the Defendant a blank portion of the said Promissory Notes, which falls under the face value of the Promissory Notes, and from February 6, 2015 to the day of full payment.

2. Judgment on the defendant's assertion

A. As to this, the Defendant’s assertion that the payment of the amount of the promissory note cannot be claimed against the endorser of the Promissory Notes, who is the issuer of the Promissory Notes, is not a legitimate ground for disputing the Plaintiff’s claim for the amount of the Promissory Notes. However, this assertion is rejected

B. In other words, the defendant defense that the defendant's damage claim against the plaintiff is set off against the plaintiff's claim of this case of this case of this amount of KRW 25 million.0 million.

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