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(영문) 인천지방법원 2019.10.23 2019가단228833
어음금
Text

1. The Defendants jointly joined the Plaintiff KRW 99,00,000, and 6% per annum from January 17, 2019 to June 7, 2019.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

on September 19, 2018, the electronic bill (hereinafter “instant bill”) is as follows:

(D) The bill number: The amount of the bill issued: 9,00,000 won: the issuer number of B: The issue date: the due date: January 16, 2019: the name of the receiver of the additional branch of the F Bank: G recipient number: H2: H2) the bill of this case was endorsed and transferred in sequence in the order of G Co., Ltd., I, J, K, K, L, M, M and Defendant C.

3) On October 19, 2018, Defendant C endorsed and transferred the instant bill to the Plaintiff. 4) The Plaintiff presented the instant bill to the F Bank’s additional branch on January 16, 2019, but refused payment.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant Company is an issuer, and the Defendant C is jointly and severally liable to pay the Plaintiff, the holder of which, as an endorser, the amount of KRW 99,00,000, and the damages for delay calculated at the rate of 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from January 17, 2019 to June 7, 2019, which is the day following the due date of maturity, and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

2. Defendant C’s argument on the Defendant’s assertion is alleged to have caused damage to himself/herself in collusion with L, 6 endorsement Co., Ltd., Ltd., the fifth endorsement of the Promissory Notes, but it cannot be a ground for setting up the Plaintiff’s claim for the amount of the Promissory Notes.

3. Conclusion, the plaintiff's claim of this case against the defendants is justified.

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