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(영문) 청주지방법원충주지원 2017.06.22 2016가단2409
약속어음금
Text

1. The Defendants jointly form the Plaintiff and set up KRW 50,000,000, and the Defendant Cream Co., Ltd. from March 31, 2016.

Reasons

1. Basic facts

A. Defendant Selim Co., Ltd. (hereinafter “Defendant Selim”) issued one promissory note (A; hereinafter “instant note”) in each blank column to Defendant Selim Co., Ltd. (hereinafter “Defendant Selim”) on March 30, 2016; the place of payment; the place of payment; the place of payment; the place of payment; the place of payment; the amount of KRW 50,000,000; the place of issuance; the place of payment; the place of payment; the addressee; and the date of issuance.

B. Defendant Jin-NE transferred the instant bill to Defendant Jin-Ste Steel Co., Ltd. (hereinafter “Defendant Jin-Ste Steel”), without exempting Defendant Jin-Ste Co., Ltd. from the obligation to make up a certificate of refusal to pay the said bill in turn, and Defendant Jin-Ste transferred the instant bill to Defendant Jin-Ste Steel Co., Ltd. (hereinafter “Defendant Jin-Ste”); on March 30, 2016, this case’s bill was endorsed and transferred to the Plaintiff without exempting the Plaintiff from the obligation to make up a certificate of refusal to pay the amount.

C. On March 30, 2016, the Plaintiff presented the Promissory Notes in the instant case to the Chungcheong Branch of the Korea Agency, the place where payment was made, but the payment was refused on the ground of the receipt of the accident report, and is currently in possession of the Promissory Notes in the instant case.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the determination as to the cause of the claim, barring any special circumstance, the Defendants, the issuer of the instant bill, or its endorser, jointly with the Plaintiff, who is the last holder, and with respect to the amount of KRW 50,00,000,00, which is the amount of the instant bill, from March 31, 2016, which is the day following the date when the payment of the instant bill was presented to the Defendants, until May 4, 2016; Defendant Jink Steel, until May 3, 2016; Defendant Jin Steel, until July 2, 2016; and Defendant Jin Steel, until December 15, 2016, respectively, stipulated in the Bills of Exchange and Promissory Notes Act.

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