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(영문) 인천지방법원부천지원 2016.10.25 2016가단419
전자어음금등
Text

1. The Plaintiff:

A. 1 Defendant B Co., Ltd., C, D, Agricultural Company E Co., Ltd., and F, jointly and severally, 200.

Reasons

1. Facts of recognition;

A. On December 24, 2014, Defendant B Co., Ltd (hereinafter “Defendant B”) issued and delivered an electronic bill (bill number I) with the face value of KRW 1 billion and due date on April 29, 2015 to Defendant C Co., Ltd. (hereinafter “Defendant C”).

(hereinafter “instant bill”). (b)

The face value of the Promissory Notes is KRW 200,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

C. On April 29, 2015, the Plaintiff, the final holder of the instant bill, presented a payment proposal at the place of payment, but the payment was refused.

On the other hand, in the course of endorsement and transfer of the Promissory Notes, the Plaintiff prepared and delivered a loan certificate with the content that the Plaintiff promised to pay the said amount of 200 million won by April 29, 2015 from Defendant G on January 28, 2015.

E. In addition, on May 6, 2015, after the bill of this case was refused to pay, the Plaintiff prepared and issued a certificate of borrowing stating that the Plaintiff will pay KRW 60 million every month as interest until he/she has fully repaid the bill of this case, adding the above amount of KRW 200 million to KRW 60 million and KRW 60 million.

[Judgment of the court below] The plaintiff and defendant B: The plaintiff and defendant C, D, E, and F have no dispute, each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings, each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings, and the plaintiff, defendant G, and H: Article 150 (1) and (3) of the Civil Procedure Act (Voluntary Confession)

2. Determination on the cause of the claim

A. According to the above facts of recognition, ① Defendant C, D, E, and F as the issuer of the Promissory Notes, and Defendant C, D, E, and F as the endorser of the Promissory Notes, together with the amount of 200 million won as above and after maturity, as the Plaintiff seeks.

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