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(영문) 대전지방법원 2017.10.20 2017가단9517
약속어음금
Text

1. The Defendants jointly combine the Plaintiff with KRW 220,00,000, and with respect thereto, the period from June 24, 2016 to October 20, 2017.

Reasons

1. Facts of recognition;

A. The Defendant Il Total Commercial Co., Ltd. (hereinafter “Defendant Il General Co., Ltd.”) issued an electronic bill with a bill number A, face value 220,000,000, issue date, March 23, 2016, June 23, 2016, and payee C&C Co., Ltd.

B. On March 23, 2016, Defendant C&C C&C Co., Ltd. (hereinafter “Defendant C&C”) divided the foregoing electronic bills into an electronic bill with a face value of KRW 110,000,000,000, and endorsed each of the said electronic bills to KRW 110,000,000.

C. The aforesaid electronic bill (hereinafter referred to as “instant electronic bill”) was sent to the Plaintiff by Defendant C&C forest in accordance with the method prescribed by Article 7(3) of the Issuance and Distribution of Electronic Bills Act, and was delivered to the Plaintiff upon receipt by the Plaintiff.

The Plaintiff offered payment of the electronic bill of this case at the due date, but was refused due to non-transaction.

[Ground of recognition] Regarding Defendant Il-il Master Company: Confession of confession (Article 150(3) of the Civil Procedure Act) (Article 150(3)): Facts without dispute, entry of evidence Nos. 1 and 2, and purport of the whole pleadings

2. Determination as to the cause of action

(a) Judgment based on the recommendation of confession against Defendant Il-il Master Company (Article 208(3)2 of the Civil Procedure Act)

B. According to the facts of the recognition of the claim against Defendant C&C, barring any special circumstance, Defendant C&C, the endorser of the instant electronic bill, is obligated to pay damages for delay calculated at the rate of 220,000 per annum as prescribed by the Bills of Exchange and Promissory Notes Act from June 24, 2016 to October 20, 2017, the date of this decision, as the Plaintiff seeks from June 20, 2016, the date of this decision, to the date of full payment, and from the following day to the date of full payment.

3.

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