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(영문) 서울중앙지방법원 2016.05.26 2015가단123908
약속어음금
Text

1. The Defendants jointly joined the Plaintiff with respect to KRW 30,00,000 and KRW 10,000,000 among them, as from November 21, 2013, and KRW 10,000.

Reasons

1. As to the cause of the claim, Defendant B issued three promissory notes with the face value of KRW 10,00,000 at each of the face value on October 10, 2013 and the due date of November 20, 2013; and Defendant C’s endorsement and delivery thereof to the Plaintiff on January 20, 2014; the fact that all of the said notes were refused on each of the due date is recognized by the purport of each entry and all the pleadings as set forth in subparagraphs 1 through 3, and there is no counter-proof, and there is no dispute between the Plaintiff and Defendant C.

The defendant C alleged that it was endorsed without the intention of guarantee, but the above assertion is not accepted as there is no evidence to acknowledge it.

2. If so, the Defendants jointly have a duty to pay the Plaintiff KRW 30,000,00 (i.e., KRW 10,000,000 as KRW 10,000,000 as KRW 10,000 as well as KRW 10,000 as of KRW 10,000 as of the date following the due date for payment, from November 21, 2013 as of KRW 10,000 as of December 21, 2013 as of December 21, 2013 as of KRW 10,000,00 as of the date following the due date for payment, until February 12, 2016; and Defendant C has a duty to pay damages for delay at the rate of KRW 15,00 as of the annual interest rate from the day following the due date for delivery of a copy of each complaint of this case to September 23, 2015 as of the date following the due date for payment.

Therefore, the plaintiff's claim of this case shall be accepted on the ground of the reasons.

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