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(영문) 부산지방법원 2017.02.10 2016가단23676
약속어음금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 50,000,000 and a duplicate of the instant complaint from July 23, 2015.

Reasons

1. Indication of claim;

A. On May 15, 2015, Defendant Young Fishery Agricultural Products Co., Ltd. (hereinafter “Defendant Co., Ltd”) issued and delivered to Defendant B a promissory note (hereinafter “instant promissory note”) at the place of payment, which is the 70,000,000 won, and the due date on June 23, 2015, and the place of payment (hereinafter “instant promissory note”).

B. Around May 30, 2015, Defendant B agreed to endorse and transfer the instant promissory note to the Plaintiff as well as to pay KRW 35,000,000, respectively, on June 23, 2015 and July 23, 2015.

C. After that, on June 24, 2015, the Plaintiff received only KRW 20,000,000 from the Defendants, following the said payment date, the Plaintiff filed a claim against the Defendants for payment of KRW 50,000,000, around June 26, 2015.

However, the Defendants did not pay KRW 50,000,000 to the Plaintiff.

E. On July 24, 2015, the Plaintiff offered a payment proposal of the Promissory Notes at the said place of payment but was refused due to the lapse of the payment deadline.

F. Therefore, Defendant Company is the issuer of the Promissory Notes, and Defendant B is jointly and severally liable to pay the remainder of the Promissory Notes and the agreed amount of KRW 50,000,000 to the Plaintiff pursuant to the aforesaid agreement and the damages for delay from July 23, 2015, as sought by the Plaintiff.

2. Grounds for recognition;

A. Judgment on deemed confession of Defendant Company (Article 208(3)2 of the Civil Procedure Act)

B. Judgment by public notice by Defendant B (Article 208(3)3 of the Civil Procedure Act)

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