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(영문) 제주지방법원 2015.03.03 2014가단9792
어음금
Text

1. The Defendants together with the Plaintiff KRW 30,000,000 as well as Defendant A and D with respect thereto from May 12, 2014, respectively.

Reasons

1. Basic facts

A. On August 13, 2013, Defendant B borrowed KRW 30 million from the Plaintiff, with a view to securing the above loan obligation, Defendant A issued a promissory note (hereinafter “instant promissory note”) with a view to securing the said loan obligation: Seopo City (F) and due date: November 12, 2013; and the place of payment: Seopo City (F) and the place of payment: The Seopo City and the place of payment: The Bank of Jeju (hereinafter “instant promissory note”). The Promissory Notes (hereinafter “instant promissory note”) issued a promissory note with a face value of KRW 30 million at the face value.

B. The Promissory Notes in this case is transferred by endorsement in the order of Defendant B, C, D, E, and Plaintiff, and is owned by the Plaintiff.

C. On November 12, 2013, Defendant A changed the issue date of the Promissory Notes in this case with the consent of Defendant B, C, D, and E on August 12, 2013, and the due date on May 12, 2014.

The Plaintiff offered the payment of the Promissory Notes at the place of payment due on the changed payment date of the Promissory Notes, but the Promissory Notes was rejected as a non-transaction.

[Reasons for Recognition]

A. Article 208(3)2 of the Civil Procedure Act and Article 150(3) of the Civil Procedure Act (Confession) against Defendant A

B. Article 208(3)3 of the Civil Procedure Act with respect to Defendant B and E (Decision by service by public notice)

C. Defendant C: Facts without dispute, Gap evidence Nos. 1 through 5, statement Nos. 6-1, 2, and 3, fact-finding of the remaining branch of Jeju Bank, and the purport of the entire pleadings.

2. Determination

A. According to the facts established as above, the Defendants jointly with the issuer or endorser of the Promissory Notes in this case, and with respect to the Plaintiff, the holder of the Promissory Notes in this case, the amount of KRW 30 million from May 12, 2014, which is the date of payment of the Promissory Notes in this case, until July 28, 2014, which is the date of delivery of a copy of each of the Promissory Notes in this case; Defendant B and E, September 16, 2014, which is the date of delivery of a copy of each of the Promissory Notes in this case; Defendant C, by September 11, 2014, which is the date of delivery of a copy of each of the Promissory Notes in this case, shall be 6% per annum as stipulated by the Bills of Exchange and Promissory Notes Act, and 20% per annum as stipulated by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the following day until the

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