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(영문) 대전지방법원서산지원 2016.05.25 2015가단5301
약속어음금
Text

1. The Defendant’s KRW 80,000,000 as well as annual 6% from April 28, 2016 to May 25, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant issued Chapter Four Promissory Notes (hereinafter “C”) as follows, and the Promissory Notes Nos. 1 and 2 are “C, the Plaintiff, the Company, and the Bobsory Notes”, and the Promissory Notes Nos. 3 and 4 are bound by endorsement in the order of “C, the Plaintiff, D, the Company E, the F, the Company G, the Company 3, and the Promissory Notes No. 3, “C, the Plaintiff, the D E, the Company I, the H Company I, the J Company K, and the Plaintiff.”

No. 1 234 Bill Number L MNO No. 18 million won, KRW 23 million, KRW 15 million, KRW 24 million, blank blank publishing blank blank, and the blank blank blank payment date March 28, 2015, March 28, 2015, May 16, 2015; the place of payment on March 7, 2015; the Nonghyup Bank's Sung-nam branch, the Sungnam branch of the Nonghyup Bank, the Namnam branch of the Nonghyup Bank, the Sung-nam branch of the Nonghyup Bank, the Namnam branch of the NH Bank, the Namnam branch of the Namnam branch of the Nonghyup Bank.

B. The final holder of each promissory note presented a payment proposal on the date of payment, but the payment was refused on the ground of the acceptance of the promissory note, and the Plaintiff is holding each promissory note after recovering it.

C. During the instant lawsuit, the Plaintiff supplemented the issue date in the column for the issue date of each promissory note as follows. On April 27, 2016, the Plaintiff served the Defendant with a preparatory document dated April 26, 2016 containing the content that “the issue date of each promissory note was supplemented.” and presented each promissory note payment scheme simultaneously with the issuance date of each promissory note to the Defendant.

In cases where a bill is deemed as a domestic bill in itself, the presentation for payment can be deemed as valid, even if the place of issuance is not indicated.

(See Supreme Court Decision 99Da23383, Aug. 19, 209). Now 1234, Nov. 16, 2014; 26, 2014; / [Grounds for recognition] of the absence of dispute; 1, 3, 4, and 5 (including serial numbers), each entry in the evidence (including serial numbers), the purport of the whole pleadings;

2. According to the facts of the above recognition, the Defendant, the issuer of a promissory note, is the Plaintiff, who is the holder of the promissory note, with the amount of KRW 80 million.

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