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(영문) 서울중앙지방법원 2016.03.25 2015가단207363
약속어음금
Text

1. The Defendant’s KRW 368,50,000 as well as the Plaintiff’s annual rate of KRW 6% from April 11, 2015 to November 19, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is currently holding each Promissory Notes (hereinafter “each of the Promissory Notes in this case”) indicated in the separate sheet in the same list of endorserss as indicated in the separate sheet in which the non-party trust construction company (hereinafter “non-party trust construction company”) occurred.

B. The Defendant made an endorsement of KRW 368,50,000 in total on each of the instant notes, and the Plaintiff presented a payment proposal on each of the instant notes at the due date, but the payment was refused.

[Grounds for Recognition: Facts without dispute, each entry of Gap 1-3 evidence (including each number), the purport of the whole pleadings]

2. Determination:

A. According to the facts of recognition as to the cause of the claim, the Defendant, who is the endorser of each of the bills of this case, is obligated to pay to the Plaintiff, who is the holder of the bill of this case, the total sum of 368,500,000 won with respect to each of the bills of this case, and 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from April 11, 2015 to November 19, 2015, which is the delivery date of the copy of the bill of this case, and the delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

B. As to the Defendant’s assertion, in the rehabilitation procedure (Seoul Central District Court 2015 Ma10046) commenced against the non-party company, which is the issuer of each of the instant bills, the Plaintiff reported each of the instant bills to the rehabilitation claim, and accordingly, the Plaintiff’s claim against the Defendant, who is the endorser, is unjust.

However, in this case where each of the bills of this case is held liable as an endorser, the circumstance that the proceedings of the non-party company, the drawer, do not constitute legitimate grounds for defense under the Bills of Exchange and Promissory Notes Act. Thus, the defendant'

After paying each of the bills of exchange to the Plaintiff, the Defendant shall attach explanatory materials on the fact of repayment to the Plaintiff.

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