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(영문) 대구지방법원 2019.05.02 2018가단139637
어음금
Text

1. The Defendants jointly combine with the Plaintiff KRW 50,000,000, and 6% per annum from December 1, 2018 to December 7, 2018.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd (hereinafter “Defendant B”) issued a bill number G electronic bill with the face value of KRW 70 million, the issue date as of May 9, 2018, the due date as of November 30, 2018, the payment bank as E Bank F branches, and the payee as Defendant C Co., Ltd. (hereinafter “Defendant C”).

B. On May 9, 2018, Defendant C divided the aforesaid electronic bill and endorsed the amount of KRW 50 million at its face value (hereinafter “instant electronic bill”). The instant electronic bill was endorsed and delivered in sequence to the Plaintiff via Defendant D (hereinafter “Defendant D”) in accordance with the method prescribed by Article 7(3) of the Act on Issuance and Distribution of Electronic Bills.

C. On November 30, 2018, the Plaintiff presented a payment proposal of the instant electronic bill to the E Bank F branch, a payment bank, at the maturity date, but was denied on the ground of the failure to perform the contract under the employment contract.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1, purport of the whole pleadings

2. According to the determination on the cause of the claim, barring any special circumstance, Defendant B and Defendant C and D, who is the drawer of the electronic bill of this case, are jointly obligated to pay the Plaintiff, who is the last holder of the electronic bill of this case, the amount of KRW 50 million from December 1, 2018 to December 7, 2018, the day following the date when payment was presented, for which the duplicate of the bill of this case was served on the Defendants, 6% per annum under the Bills of Exchange and Promissory Notes Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day when the copy of the bill of this case is repaid.

3. As to Defendant B and C’s assertion, the Defendants asserted that, due to Defendant C’s fraud between H and I, Defendant C, the representative director of Defendant D, the instant electronic bill, endorsement and delivery to Defendant D, the amount of the instant bill cannot be paid to the Plaintiff.

The defendant, the defendant, the defendant.

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