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(영문) 대구지방법원 2015.05.19 2014가단58464
약속어음금
Text

1. The Plaintiff:

A. Defendant A’s KRW 30,000,000 and for this, KRW 5% per annum from November 1, 2014 to March 4, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied various packaging vinyls, synthetic resin products, etc. to Defendant Haba Co., Ltd. (hereinafter “Defendant Company”).

B. As of May 31, 2014, the Plaintiff was not paid 26,309,580 won for the goods to the Defendant Company.

C. The defendant company mentioned above to the plaintiff.

The Promissory Notes issued by Defendant A (hereinafter “instant Promissory Notes”) were endorsed and delivered for the payment of the goods stated in the subsection.

Issue A, Issuance Date A, April 14, 2014 at par value of KRW 30,000,000; and the Industrial Bank of Korea at the place of payment

D. However, on October 31, 2014, the date of payment, the bill of this case was rejected on the ground of non-transaction.

E. The Plaintiff is currently holding the Promissory Notes of this case after recovering them.

[Reasons for Recognition] For Defendant A: A’s judgment by public notice (Evidence A 1): The absence of dispute against the Defendant Company; the entries of Evidence A Nos. 1 and 2; the purport of the whole pleadings

2. Conclusion

A. According to the above facts of recognition, the defendants are obligated to pay the following money to the plaintiff.

1) Defendant A: From November 1, 2014, the following day following the due date for the payment of the Promissory Notes amounting to KRW 30,00,00,000, to November 4, 2015, the delivery date of a copy of the Promissory Notes Act, the rate of 5% per annum as requested by the Plaintiff within the scope prescribed by the Bills of Exchange and Promissory Notes Act until March 4, 2015, and damages for delay calculated at the rate of 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the day of full payment: Defendant A jointly and severally with Defendant A to the amount of KRW 26,309,580 equivalent to the price of the said Promissory Notes amounting to the price of the goods from November 1, 2014 to the delivery date of a copy of the Promissory Notes, 5% per annum as requested by the Plaintiff within the limit prescribed by the Commercial Act, and 20% per annum from the next day to the day after full

B. If so, the plaintiff's claim of this case is with merit.

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