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(영문) 전주지방법원 2015.10.27 2015가단21709
약속어음금
Text

1. The Defendant: (a) KRW 50,000,000 and the Plaintiff’s annual rate from May 5, 2015 to June 18, 2015, and the following.

Reasons

1. Determination as to the cause of the instant claim: (a) the Defendant issued a one copy of a promissory note stated in the payee C (hereinafter “instant promissory note”) on August 22, 2013; (b) January 31, 2015; and (c) the Plaintiff, the final endorsement of the said promissory note, and the final holder of the said promissory note, offered a payment proposal on May 4, 2015; but the payment was refused on the ground of non-transaction, is either a dispute between the parties or recognized based on the evidence No. 1.

According to the facts found above, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50 million and the amount of delay damages calculated by the rate of 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from May 5, 2015 to June 18, 2015, which is the day after the date when the bill of this case was issued to the Defendant from May 5, 2015 to the day after the date when the bill of this case was presented to the Defendant, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day when the payment is made.

(2) On October 1, 2015, the legal interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., which reduces the statutory interest rate from 20% per annum to 15% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. (this is effective from October 1, 2015, and the interest rate under the above Act on Special Cases is applied as above).

3. Part of the Plaintiff’s claim is accepted, and part of the claim is dismissed.

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