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(영문) 인천지방법원부천지원 2016.08.17 2016가합447
(소멸시효 연장을 위한) 어음금
Text

1. The Defendant shall pay to the Plaintiff KRW 360,382,892 and the interest rate of KRW 15% per annum from July 2, 2016 to the day of complete payment.

Reasons

1. Indication of claim;

A. On May 5, 2004, the payment was refused on the ground of non-transaction, even though the Plaintiff presented a payment proposal of the first bill of this case on May 5, 2004, which is the payment date.

B. The Defendant endorsed each Promissory Notes listed in the separate sheet Nos. 2 and 3 (hereinafter “The Promissory Notes Nos. 2 and 3”) and delivered them to the Plaintiff. The Plaintiff re-endorseed the Promissory Notes Nos. 2 and 3 and delivered them to the third party.

After that, although the holder of the bill Nos. 2 and 3 of this case presented a payment proposal on each payment date, payment was refused on the ground of non-transaction, and the plaintiff paid the bill to the holder of the bill.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 360,382,892 (i.e., the amount of KRW 203,516,892 of the Promissory Notes No. 2 of the instant case, KRW 125,616,00, and the amount of KRW 31,250,000 of the Promissory Notes No. 3 of the instant case) and 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 July 2, 2016 to the date of full payment.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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