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(영문) 수원지방법원성남지원 2020.07.24 2020가단206990
어음금
Text

The defendant shall pay 230,00,000 won to the plaintiff and 12% per annum from February 5, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. During the period from September 10, 2019 to December 5, 2019, the Defendant endorsed 15 electronic bills in attached Form C issued by the Incorporated Incorporated Company C, respectively, and each of the said electronic bills was endorsed and transferred in sequence to the Plaintiff via D.

B. During the period from January 6, 2020 to January 22, 2020, the Plaintiff presented each of the above electronic bills to a company bank as payment proposal, but all of them refused payment due to non-transaction.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant, who is the endorser of each of the above electronic bills, is obligated to pay the plaintiff, who is the final holder of each of the electronic bills, the total sum of KRW 230 million and the delay damages calculated at the rate of 12% per annum from February 5, 2020 to the day of full payment, which is the day following the day of service of the original copy of the payment order of this case, together with the issuer, etc.

The Defendant’s agreement was concluded between the issuer of each electronic bill and the Plaintiff to exempt the sum of KRW 80,000,000,000, out of the amount of the said electronic bill, and the Plaintiff asserted to the effect that part of the amount of the bill was paid by the issuer, but the Plaintiff denied this. However, the above argument cannot be accepted unless the Defendant submitted any evidence to acknowledge its assertion.

3. Conclusion, the claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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