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(영문) 서울남부지방법원 2017.08.22 2016가단264048
어음금
Text

1. The defendant shall be the plaintiff.

(a) KRW 175,987,931 and its related thereto from October 1, 2016:

(b)18,633,879 Won and its corresponding;

Reasons

1. Facts of recognition;

A. The Defendant issued and delivered each of the following electronic bills (hereinafter referred to as “each of the instant bills”) to EPethyl Co., Ltd. (hereinafter “EN”)

On April 26, 2016, the Bank for Payment of the Amount of bills issued by the Bank of Korea (hereinafter referred to as the "Bank of Korea") 175,987,931 won on September 30, 2016, the Bank for Payment of the amount of bills issued by the Bank of Korea (hereinafter referred to as the "Bank of Korea") 39,943,959 won on July 30, 2016, the Bank for Payment of the amount of bills issued by the Bank of Korea (hereinafter referred to as the "Bank of Korea") 18,63,879 won on July 18, 2016, 2016, the Bank for Payment of the amount of bills issued by the Bank of Korea (hereinafter referred to as the "Bank of Korea") 39,943,959 won on July 30, 2016, Nov. 4, 2016;

During the period from April 28, 2016 to August 22, 2016, the Plaintiff: (a) granted to the Nonparty Company a discount equivalent to the face value of each of the instant bills; and (b) possessed each of the instant bills by endorsement from the Nonparty Company.

C. Although the Plaintiff presented a payment proposal on each due date of each of the instant bills, it was rejected after the receipt of the accident report.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant, who is the issuer of each of the instant bills, is obligated to pay to the Plaintiff, the holder of each of the instant bills, the amount of KRW 175,987,931 and the amount of KRW 18,633,879, October 1, 2016, which is the day following the maturity date, and the amount of KRW 39,943,959, which is the day following the maturity date, and the amount of KRW 39,943,959, which is the day following the maturity date, and the amount of KRW 40,364,821 and the amount of KRW 40,364,821, which is the following day following the maturity date, to the Plaintiff at the rate of KRW 6% per annum prescribed by the Commercial Act, and the amount of delay damages per annum 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from December 111, 2016 to the date of each of this case.

B. On the part of the defendant's assertion, the defendant issued a bill from the defendant, not by the method of discount from the plaintiff, but by the process of issuing and acquiring each of the bills of this case and the bill issued directly by the non-party company.

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