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(영문) 대전지방법원천안지원 2016.12.08 2016가단11260
전자어음금
Text

1. The Defendants jointly joined the Plaintiff KRW 100,000,000, and Defendant Haman Co., Ltd. on September 8, 2016.

Reasons

1. Basic facts

A. On November 13, 2015, Defendant Youngjin Construction Co., Ltd. issued electronic bill numbers C, issuance date November 13, 2015, and March 20, 2016 due date of maturity to Defendant Youngjin Construction Co., Ltd. in each of the installments of KRW 50,000 (division number 03), and KRW 50,000 (division number 04) and KRW 50,000 (division number 04).

(hereinafter “each of the instant subdivisions”). B.

Each of the instant subdivision notes was endorsed and transferred from Defendant Youngjin Construction Co., Ltd. to Defendant Han-jin Construction Co., Ltd., and the Plaintiff owned each of the instant subdivision notes.

C. Although the Plaintiff presented a payment proposal by electronic means within the payment proposal period, the Plaintiff was refused to pay each of the above subdivisions by non-transaction.

[Based on Recognition] Defendant Youngjin Construction Co., Ltd. (Article 208(3)2 of the Civil Procedure Act), Defendant Youngjin Construction Co., Ltd., Korea FMS., B: The absence of dispute, Gap evidence Nos. 1 and 2 (including branch numbers) and the purport of the whole pleadings.

2. According to the facts of the judgment as to the cause of the claim, the defendant corporation is the issuer of each of the instant sub-bills. The remaining Defendants, together with the above sub-bill’s endorser, are the sum of KRW 100,000,000 (= KRW 50,000,000) and the Plaintiff, the lawful holder, who is the lawful holder, as the endorsers of the above sub-bill’s endorser, as the due date, following the due date, which is the following day on which the duplicate of the complaint of this case was served on the Defendants as requested by the Plaintiff, as requested by the Plaintiff. The defendant corporation, the next day after September 8, 2016, the defendant Young-jin Construction Co., Ltd., and the Han FMM Co., Ltd.

9. From August 24, 2016, Defendant B is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 18, 2016 to the date of full payment.

3. Determination on the defenses of Defendant Youngjin Construction Company

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