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(영문) 서울남부지방법원 2015.05.06 2014가단37150
어음금
Text

1. The Defendants jointly combine the Plaintiff with KRW 63,00,000, and with respect thereto, 6% per annum from May 8, 2014 to July 18, 2014.

Reasons

1. Facts of recognition;

A. On January 8, 2014, Defendant Liba Co., Ltd. (hereinafter “Defendant Liba”), issued an electronic bill (hereinafter “instant bill”) and delivered it to Eiba Co., Ltd. (hereinafter “Liba”) as follows.

Par value: 63,000,000 Bill Number: 00320140108000001172 due date: The name of payment bank and store name on May 7, 2014: Branch of Enterprise Bank Trade Center;

B. Jeong Ho-su’s bill was endorsed and transferred to Defendant B, Defendant B, and the Plaintiff, and the Plaintiff endorsed and transferred each of the instant bill to Sung Sung-Map Co., Ltd. (hereinafter “Ma Sung-Map”)

C. After the maturity of the due date, the Sung-Maump presented the instant bill to an enterprise bank. However, on May 7, 2014, when Defendant Abio refused to pay the instant bill on the ground that it reported the default on the payment of the instant bill, the Plaintiff requested the return of the outstanding bill. The Plaintiff agreed to pay the amount of the outstanding bill to the Sung-Maump (the Plaintiff paid KRW 60,000,000 on June 30, 2014, and KRW 30,000,000 on July 2, 2014, to the Sung-Maump) and collected it and the Plaintiff was finally holding the instant bill at the time of the closing of the instant argument.

【Ground for recognition】 A without a dispute, entry in the evidence of subparagraphs 1 through 5 (including the branch number in the case of additional number), and the purport of the whole pleadings

2. If so, barring any special circumstance, Defendant AB is the issuer of the Promissory Notes, and Defendant B, as the endorser of the Promissory Notes, is jointly obligated to pay to the Plaintiff 63,00,000 won per annum as prescribed by the Bills of Exchange and Promissory Notes Act from May 8, 2014 to July 18, 2014, the delivery date of a copy of the Promissory Notes, and 6% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

As to this, this case is applicable.

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