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(영문) 창원지방법원거창지원 2015.03.03 2014가단1367
어음금
Text

1. The Defendant’s KRW 36,312,50 for the Plaintiff and KRW 6% per annum from December 27, 201 to April 16, 201, respectively, shall be the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 8, 2011, the Defendant issued and delivered to the Plaintiff a promissory note with a face value of KRW 36,312,500 at face value, and the due date of April 9, 2011 at the point of origin of a Korean Bank Co., Ltd. (hereinafter “instant promissory note”).

B. On December 26, 2011, the Plaintiff presented the instant promissory note to the place of payment, but was denied due to the lapse of the payment deadline.

[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 36,312,50 of the Promissory Notes and damages for delay calculated at each rate of 6% per annum as stipulated in the Commercial Act from December 27, 2011 to April 16, 2014, which is the day following the date on which the payment of the Promissory Notes in this case was presented, to the Defendant, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. On this basis, the Defendant asserted that “the original bill of this case was issued to secure the loan claims held by the Plaintiff against Nonparty D, and the Defendant is not obliged to pay the instant bill to the Plaintiff since D fully repaid the loan claims.” However, there is no evidence to acknowledge this. Therefore, the Defendant’s defense is not acceptable.

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

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