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(영문) 서울동부지방법원 2016.07.14 2015가단48628
어음금
Text

1. The Defendant shall pay to the Plaintiff KRW 125,774,00 and the interest rate of KRW 15% per annum from December 12, 2015 to the date of full payment.

Reasons

1. The following facts may be acknowledged if each of the statements in Gap evidence Nos. 1 to 6 (including paper numbers) contains the purport of the whole pleadings.

The Defendant issued promissory notes to B or C (Representative Director B) as described below:

(1) Par value: 17,600,000 won: D date of issuance: the date of August 11, 2014; the place of payment and the place of payment: Seoul Special Metropolitan City; 28,050,000 won: The 28,050,00 won face value of a new bank: The due date of payment: September 5, 2014: Seoul Special Metropolitan City; 21,780,000 won : 21,780,000 won : the due date of payment: the date of payment on June 5, 2014: the date of payment on September 19, 2014; 21,780,000 won : the date of payment on June 5, 2014: the date of payment on September 19, 2014; 28,842,000 won : the face value of a new bank: the date of payment on the basis of Seoul Special Metropolitan City; 14.

B. The Plaintiff, as the final holder of each of the above bills, proposed the payment of each of the above bills within the time limit for presentment to the airport Dong branch of the new bank, but all of them were denied due to non-transaction.

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff, the holder of the bill, 125,774,00 won in total at par value of each of the above bills, and 15% interest per annum from December 12, 2015 to the day of full payment, which is the day following the day of delivery of the bill of this case sought by the Plaintiff.

The Plaintiff is seeking a delayed interest rate of 20% per annum, but it exceeds the annual interest rate of 15% in accordance with the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).

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