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(영문) 대전지방법원 2015.03.27 2013가단52261
약속어음금
Text

1. The Defendant shall pay to the Plaintiff KRW 130 million per annum from January 3, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On August 31, 2013, the Defendant issued a promissory note with the face value of KRW 130 million at the face value, the due date, November 30, 2013, and the Daejeon Metropolitan City with the place of payment and the place of issuance (hereinafter “instant promissory note”) and delivered it to C Co., Ltd. (hereinafter “Nonindicted Company”).

B. The non-party company borrowed money from the Plaintiff to deliver the instant promissory note as collateral to the Plaintiff. The Plaintiff, as the final holder of the instant promissory note, presented the Plaintiff’s name and seal on the first endorsement column, and refused payment on December 2, 2013, on the ground that the payment was made at the place of payment, but on the ground that the payment was in default.

C. At the end of February 2014, the Plaintiff is pending in the instant lawsuit.

3. When the series of endorsements of the Promissory Notes were at issue, Nonparty Company’s name and seal was affixed to the second endorsement column.

【Ground of recognition” without dispute, Gap evidence Nos. 1 and 7 evidence Nos. 7 is the copy of the passbook or the front and back of the promissory note endorsed by the non-party company.

each entry, the purport of the whole pleading

2. Determination

A. According to the facts as seen earlier, the Plaintiff received the Promissory Notes from the non-party company, the addressee of the Promissory Notes of this case, and obtained the name and seal of the non-party company in the column of endorser. Although the name of the Plaintiff in the column of endorsement was not cancelled, the Plaintiff is presumed to be a lawful holder of the Promissory Notes of this case, or is deemed to be a lawful holder of the Promissory Notes of this case, which was endorsed and transferred from the non-party company, the payee.

Therefore, the Defendant, who is the issuer of the Promissory Notes, shall, barring special circumstances, pay to the Plaintiff, who is a lawful holder of the Promissory Notes, the amount of KRW 130 million and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 3, 2014, the day following the delivery of the Promissory Notes, to the day of full payment.

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