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(영문) 광주지방법원순천지원 2017.12.05 2017가단7051
약속어음금
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from August 24, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On March 4, 2017, the Plaintiff holds a promissory note, the issuer’s issuance number C, the face value of KRW 50,000,00, and the place of payment and the place of issuance on June 30, 2017: (a) the address of payment and the place of issue: The Plaintiff holds a promissory note (hereinafter “instant promissory note”) with the issuer, Gwangju Bank interest branch, Nonparty D, the first endorsement, and Defendant B, the second endorsement, and the third endorsement.

B. On June 30, 2017, the Plaintiff owned the Promissory Notes in the instant case and presented a payment proposal at the Goung branch of the Gwangju Bank Co., Ltd., Ltd., but rejected payment.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above recognition, Defendant A is the issuer of the Promissory Notes in this case, and Defendant B is jointly liable to pay the Plaintiff, who is the final holder of the Promissory Notes in this case, the amount of 50,000,000 won, which is the amount of the Promissory Notes, and the damages for delay calculated at the rate of 15% per annum from August 24, 2017 to the date of full payment, as claimed by the Plaintiff, from August 24, 2017 to the date of full payment.

B. As to this, Defendant B, the third endorsement, and Nonparty B, by deceiving Defendant B, endorsed to the Promissory Notes in this case by deceiving Defendant B, and the Plaintiff cannot respond to the Plaintiff’s claim since it acquired the Promissory Notes in the year. However, there is no evidence to acknowledge the above assertion. Thus, this part of the Defendant B’s assertion is without merit.

3. The plaintiff's claim of this case against the defendants is justified.

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