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(영문) 전주지방법원군산지원 2015.09.22 2015가단613
약속어음금
Text

1. The Plaintiff:

A. The defendant limited liability company A and B are incorporated to KRW 370,000,000 and the defendant limited liability company A.

Reasons

1. According to the statement in Gap evidence Nos. 1 through 4, each claim against the defendant limited liability company Gap and Eul, the defendant limited liability company, as to March 10, 2014, one promissory note No. 80 million won per face value, the due date of payment, June 28, 2014, one promissory note No. 100 million per face value, the due date of payment, the due date of payment, August 27, 2014, one promissory note No. 1 as of April 15, 2014, and one promissory note No. 1 as of July 19, 2014, and one promissory note No. 97 million won per face value on May 21, 2014, and each of the aforesaid promissory notes is issued as of September 30, 2014, respectively, and the plaintiff can be found to have each of the aforesaid promissory notes as of each of the above.

Therefore, Defendant A and B are jointly obligated to pay to the Plaintiff 370,000,000 won of promissory notes totaling 377,000,000 won and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 25, 2015 to the day of delivery of a copy of the instant complaint sought by the Plaintiff, and from June 24, 2015 to the day of full payment.

As to this, the defendant limited liability company A and B asserted that the sum of face value of the above promissory note differs from the actual amount of the purchase price of goods, but there is no evidence to acknowledge this. Thus, the above defendants' assertion is without merit

2. Claim against Defendant C

(a) The Defendant Limited Liability Company A, which indicated the claim, sought payment of the amount of promissory notes and damages for delay thereof, endorsed by the Defendant C on April 15, 2014 with respect to promissory notes signed on July 19, 2014, the face value of KRW 100 million, and the due date.

Article 208(3)1 of the Civil Procedure Act (Judgment without Oral Proceedings) of the applicable provisions

3. If so, each claim against the Defendants by the Plaintiff against the Defendants is justified.

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