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(영문) 광주지방법원 2017.06.22 2016가합59343
양수금
Text

1. The plaintiff, Ga.

(1) Defendant A Co., Ltd. is from August 30, 2016 to KRW 87,318,610 and KRW 1,136,869 among them.

Reasons

1. Determination as to the claim against Defendant A, B, D, E, F, G, and H

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208(3)3 (Judgment by Service of Public Notice) (2) of the Civil Procedure Act, Article 208(3)2 and Article 150(3) (a) of the applicable provisions of Acts (1)

2. Determination as to the claim against Defendant C Co., Ltd.

A. As the issuer of bills, Defendant C Co., Ltd. (hereinafter “Defendant C”) is jointly and severally liable to pay to the Plaintiff KRW 341,290,466 of the Industrial Bank of Korea’s principal and interest of loan of KRW 341,290,466 under the Factoring Trade Agreement on November 16, 1993 and KRW 67,70,000 of the principal and interest of KRW 67,70,000 from August 30, 2016 to the date of full payment.

B. (1) The fact of recognition (A) was found and delivered to Defendant C, ① on May 19, 1994, with a face value of KRW 20 million, due date on September 16, 1994, and with a promissory note stated in Gwangju Bank. ② On May 31, 1994, Defendant C issued and delivered to I a face value of KRW 54 million, due date on September 23, 1994, a promissory note stated in the place of payment as Gwangju Bank.

(B) (A) each of the instant promissory notes was endorsed and transferred to the Hart Industry Co., Ltd., and the Hart Industry Co., Ltd. was endorsed and transferred to A, and A Co., Ltd. was endorsed and transferred to the Industrial Bank of Korea.

(C) On July 30, 1994, the Industrial Bank of Korea proposed the payment of each of the instant promissory notes, but refused payment due to non-transaction.

[Grounds for recognition] The facts that there is no dispute, Gap evidence 4-3 and 4, and the purport of the whole pleadings (2) are as follows: Defendant C is the issuer of each of the Promissory Notes of this case and the Bank, which is the final holder, and the Bank of Korea, shall, unless there are special circumstances, pay for the total amount of KRW 74 million and KRW 20 million.

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