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(영문) 서울남부지방법원 2017.04.18 2016가단35134
약속어음금
Text

1. The Defendants together with the Plaintiff KRW 30,000,000, as well as 6% per annum from August 21, 2016 to April 18, 2017.

Reasons

1. Facts of recognition;

A. On May 2, 2016, Defendant Bosto Co., Ltd. (hereinafter the Defendants’ name omitted) issued one electronic promissory note (e.g., bill number: 03201605020000,000 won at face value 30 million won, Defendant Bosto Life Health, and due date on August 20, 2016.

B. On May 2, 2016, Defendant Boh-young’s health was the first endorsement of Defendant Boh-man on May 2, 2016, and Defendant Boh-man transferred each of the instant bills endorsed to the Plaintiff as the second endorsement on the same day, and the Plaintiff is in possession of the Plaintiff.

C. On August 20, 2016, the Plaintiff presented a proposal to pay the instant bill at the place of payment, which was due, but refused to pay.

[Grounds for recognition] Evidence Nos. 4 through 6, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the issuer of the bill of this case is obligated to jointly pay to the Plaintiff, the holder of the bill of this case, the amount of KRW 30 million per annum as stipulated in the Bills of Exchange and Promissory Notes Act from August 21, 2016 to April 18, 2017, which is the day following the day when the payment was presented, and the damages for delay calculated at the rate of 15 per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day when the payment was fully made.

B. As to the assertion of Defendant Bostory and Bostory Life Health, Defendant Bosto the purport that: (1) although the bill of this case was issued in order to secure the price of the goods for Defendant Bostoy Life Health, the above supply contract was terminated due to the nonperformance of obligation for Defendant Bostoy Life Health; and (2) Defendant Bostoy Life Health was not supplied with the goods to be supplied in return for endorsement and transfer of the bill of this case from Defendant Bostoyex, and thus, the Plaintiff is not obliged to pay the bill of this case

The defendant sule, even if so, is the defendant sule, as alleged by the above defendants.

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