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1. The Plaintiff’s Magazers, Inc., the Plaintiff’s Magazers International Litigation System, the Plaintiff’s Magazers.
Reasons
1. Basic facts
A. A. On September 5, 2014, Before the issuance date, Before the issuance date of an electronic bill (hereinafter “instant bill”) with the face value of KRW 40,000,000,000,000,000,000 from September 5, 2014, and on January 8, 2015 for the maturity date.
B. Thereafter, with respect to the bill of this case, the bill of this case was endorsed by Jindo Industries Co., Ltd., Defendant Namyang, Co., Ltd., and the Plaintiff was finally possessed.
C. On January 8, 2015, the Plaintiff presented a payment proposal to the Gero Village Branch of Korea, which is the place of maturity, but was denied as a legal ground for restriction.
Meanwhile, on January 5, 2015, Before filing an application for commencing rehabilitation procedures, and on February 4, 2015, the rehabilitation claim was not reported, but the Plaintiff filed a report on the completion of rehabilitation claims on April 8, 2015, and changed the instant lawsuit to the litigation on April 8, 2015.
【Ground for recognition】 The fact that there has been no dispute, Gap 1 through 9 (including virtual numbers), Eul 1, the purport of the whole pleadings
2. Determination
A. As the Defendant custodian did not file an application to resume a lawsuit within one month from the last day of the period for investigating the claim, the instant lawsuit is deemed unlawful. However, the Plaintiff’s subsequent completion of reporting the claim regarding the instant amount, and the fact that the Plaintiff changed the application to resume a lawsuit and the lawsuit for confirmation of the claim before the special inspection date was completed is as seen earlier. Therefore, the Defendant custodian’s assertion is without merit.
B. Determination as to the cause of the claim against the Defendant custodian issued the Promissory Notes, and the Plaintiff’s refusal to pay the Promissory Notes is as seen earlier. As such, the Defendant custodian issued the Promissory Notes to the Plaintiff during the period from January 9, 2015 to January 29, 2015, which is the day following the due date for the payment of KRW 40,00,000 and the due date for the Promissory Notes to the Plaintiff. As such, the Defendant custodian is entitled to the promotion of litigation by September 30, 2015, including the amount of KRW 6% per annum as prescribed by the Bills of Exchange and Promissory Notes Act, from the following day to September 30, 2015.