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(영문) 전주지방법원군산지원 2019.02.12 2017가단54911
어음금
Text

1. The defendant in collaboration with the non-party C, and the plaintiff

A. 400,000,000 won and its related thereto from July 1, 2017 to September 19, 2017

Reasons

Facts of recognition

On June 17, 2013, the Plaintiff entered into a technical service agreement with the Defendant Company as KRW 1,630,000 (including value-added tax) with respect to the establishment of the D Business Development Plan and working plans, and completed the said technical service on December 31, 2013.

Even after the completion of the above technical services, the Plaintiff did not receive KRW 1,300,000,000 out of the service price from the Defendant Company.

The Plaintiff of a promissory note urged the Defendant Company to pay the service price for the Defendant Company. Accordingly, the Defendant Company exempted the Plaintiff from the obligation of preparing a protest with the following: (a) issuer Nonparty C, the par value of KRW 400,000,000; (b) the issuing date on January 11, 2017; and (c) the issuing date on October 14, 2016; (b) the issuer Nonparty C, the issuer C, the issuer’s 60,000,000,000; (b) the issuing date on February 16, 2017; (c) the issuing date on October 19, 2016; (d) the issuer’s U.S., the E Bank’s benefiting point, the payment place in Busan; and (e) the payee’s Defendant Company’s promissory note (hereinafter “each of the instant promissory notes”).

After that, at the request of the Defendant Company, the Plaintiff changed the due date of the first bill to June 30, 2017, and the due date of the second bill to July 15, 2017, respectively. At the time of each payment, the Plaintiff offered payment proposal for each of the instant bills, but Nonparty C refused payment by cancelling the payment entrustment.

[Grounds for recognition] According to the above facts, the defendant company is an endorser of each of the instant bills, and the defendant company is a holder, together with the non-party C, under the special law on the promotion of litigation, etc. from July 1, 2017 to September 19, 2017, which is the day following the date of delivery of a copy of the instant bill, until September 19, 2017, which is the day of delivery of a copy of the instant bill.

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