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(영문) 광주지방법원 2016.12.08 2015가단49410
약속어음금
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 177,00,000 as well as to the day of full payment from October 29, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 10, 2013, Defendant B Co., Ltd. (hereinafter “Defendant Company”) issued a promissory note as of January 10, 2015, (i) the payee C, (ii) the par value of KRW 177,000,00,000, Gwangju Metropolitan City, the place of payment, Gwangju Metropolitan City, the place of payment, the Gwangju Bank (hereinafter “Mining Bank”); (iii) the payment date of the said note was extended on January 10, 2016; (iv) the payment date of the said note was extended on January 10, 2016; and (v) Defendant C and D were exempted from the protest to the back of the said note, and the Plaintiff became the holder of the said note.

B. On October 12, 2015, the Defendant Company terminated its current account transaction from the Gwangju Bank due to the occurrence of a default on payment due to the shortage of deposits. On November 4, 2015, the Plaintiff presented the payment proposal for the said Promissory Notes to the Two Cancer Branch of the Gwangju Bank on November 4, 2015, but was not paid due to the default on payment on October 12, 2015, and the Plaintiff holds the said Promissory Notes as of the date of the closing of argument in the instant case.

【Ground of recognition】 The fact that there is no dispute, Gap 1-1, 1-2, and Gwangju Bank's inquiry result, the purport of the entire pleadings

2. According to the facts of the above recognition of the claim against the Defendant Company, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 177,000,000 as well as damages for delay at the rate of 15% per annum from October 29, 2016 to the date of full payment following the final delivery of the petition for modification of the claim and the cause of the claim in this case, as sought by the Plaintiff.

3. In the case of a promissory note demanding against Defendant C and D, if it is anticipated that the refusal of payment will be made at maturity due to the bankruptcy, suspension of payment, and other causes of uncertainty of the issuer’s financial ability, it can be made by means of means

(See Supreme Court Decision 2002Da62555 Decided March 14, 2003, and Supreme Court Decision 84Meu424, July 10, 1984, and Supreme Court Decision 84Meu44Meu425 Decided July 10, 198, etc.). According to the evidence B-3-1-4 of the above, with respect to bills issued by the Defendant Company, the bill is issued by the Defendant Company.

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