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(영문) 부산지방법원 2017.09.19 2017가단8216
어음금
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 485,00,000 as well as to the date of full payment from May 20, 2017 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) Defendant Co., Ltd., Ltd., on July 27, 2016, means the electronic bill with the face value of KRW 485,000,000 at L&S Fzz. (hereinafter “instant electronic bill”) and the maturity of December 27, 2016 (hereinafter “instant electronic bill”).

(2) On August 31, 2016, Defendant L&S E&C Co., Ltd. issued the instant electronic bill in sequence to the Plaintiff on September 27, 2016, and the instant electronic bill was endorsed on September 27, 2016, on September 21, 2016, the Defendant Certified Co., Ltd., the director director director director director director director director director director director director of the Defendant Co., Ltd., the Defendant Co., Ltd., the Defendant Co., Ltd., and the Defendant U&S Co., Ltd. issued the instant electronic bill to the Plaintiff on September 27, 2016.

3) The Plaintiff’s electronic bill of this case is an electronic bill under the Issuance and Distribution of Electronic Bills Act (hereinafter “Electronic Bills Act”).

(2) On October 21, 2016, an electronic bill was automatically presented for lawful payment as of October 21, 2016, but the electronic document of non-payment was rejected as of October 21, 2016, as stipulated under Article 12(1) of the Electronic Bills Act (the electronic document of non-payment refusal is deemed to be a notarial deed as stipulated under Article 44(1) of the Bills of Exchange and Promissory Notes Act, following the confirmation of the electronic bill management agency). 【Plaintiff and Defendant CT Energy Co., Ltd., Ltd., and Mail Construction Co., Ltd.: The Plaintiff and Defendant L&S F&Sz., Ltd., limited liability company, certified architect company, director director list, and director list of Co., Ltd.: Each of the statements

B. According to the above facts of recognition, Defendant Co., Ltd. is the issuer of the instant electronic bill, and the remaining Defendants, except the Defendant Co., Ltd., together with endorsers, seek the Plaintiff, who is the final holder of the instant electronic bill, as its endorser, as the Plaintiff.

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