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(영문) 대구지방법원서부지원 2016.04.07 2015가단36246
수표금 등
Text

1. Defendant Doluri-do Agricultural Partnership, Dokdo Agricultural Partnership, B, and D jointly impose KRW 45,00,000 on the Plaintiff.

Reasons

1. Basic facts

A. On June 9, 2014, the Plaintiff entered into a loan agreement for consumption with Defendant Dolsan Farming Association (hereinafter “Defendant Dolsan Farming Association”) with the content that the Plaintiff lends KRW 45 million to Defendant Dolsan Association at interest rate 2% per month and on June 9, 2015 (hereinafter “instant agreement”).

B. On October 15, 2014 (which was corrected as of June 9, 2015), the Defendant Island Association issued one copy of the per unit (hereinafter “the instant check”) in the name of the Defendant Island Association (hereinafter “Defendant Dokdo Farming Association”), Defendant Dokdo Association (hereinafter “Defendant Dokdo Farming Association”), Defendant B, and Defendant D, which entered the place of payment into the Nonghyup Bank on June 9, 2015.

C. The Defendant Dolsan Association issued the instant check to the Plaintiff for the payment of the instant contract.

On June 9, 2015, the Plaintiff presented the instant check, but the payment was refused.

[Based on the recognition] The Ulgluri Association and Dokdo Farming Association shall be deemed to have been led to confession under Article 150 of the Civil Procedure Act.

Defendant B, C, and D: without dispute, Gap evidence No. 1, and the purport of the whole pleadings

2. According to the facts found above as to the claims against the Defendants Dolluri Association, Dokdo Farming Association, Dokdo Farming Association, B, and D, the Defendant Doluri Association, as the issuer, is obligated to pay the Plaintiff the amount of KRW 45 million as check money and the damages for delay calculated at each rate of 15% per annum as prescribed by the Commercial Act from June 10, 2015 to September 4, 2015, which is the date of the last delivery of the copy of the complaint of this case against the said Defendants, from September 5, 2015 to September 30, 2015, as the date of the last delivery of the copy of the complaint of this case, as the issuer.

The plaintiff is entitled to pay damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint to the day of full payment.

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