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(영문) 대구지방법원 2018.05.04 2017가단27065
약속어음금
Text

1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 6% per annum from September 9, 2017 to November 8, 2017; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant issued one copy of the electronic bill (hereinafter “instant bill”) as follows.

(2) The date of maturity of an electronic bill: September 8, 2017: The date of issue: June 9, 2017: the date of payment in the ordinary city: the issuer of the border point of a company bank: The e-mail company.

B. The first endorsement of the Promissory Notes Co., Ltd., a agricultural company, and D respectively endorsed the Promissory Notes as the second endorsement of the Promissory Notes, and the Plaintiff, who received the Promissory Notes from D, presented the Promissory Notes to the Payment Bank on the maturity date, but was refused to pay the Promissory Notes on the ground of acceptance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant, who is the issuer of the Promissory Notes, is obligated to pay to the Plaintiff, the holder of the Promissory Notes, the amount of KRW 40 million per annum from September 9, 2017 to November 8, 2017, the delivery date of a copy of the Promissory Notes Act, which is 6% per annum from September 9, 2017 to November 8, 2017, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day

B. As to the defendant's assertion, the defendant revoked the issuance of the bill of this case as it constitutes a declaration of intent by fraud and coercion under the Civil Act, and filed a report with the obligor of the bill of this case on the ground that it is possible to refuse payment due to the other party's default, and the defendant filed a criminal complaint against C's representative director of the agricultural company C, which is the first endorsement, and D, which is the second endorsement

On the other hand, the above defenses asserted by the defendant is merely a personal defense against the other party to the bill act, and the debtor has acquired the bill with the knowledge that the holder would prejudice the debtor.

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