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(영문) 서울중앙지방법원 2019.07.24 2018가단16094
어음금 청구의 소
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 75,800,000 as well as to the day of full payment from March 22, 2019.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's statement Nos. 1 and 2 (including additional numbers), D Co., Ltd. issued an electronic bill (e.g., bill number: F; hereinafter "bill") on July 21, 2017; the date of payment of KRW 75,80,000; Jan. 31, 2018; the place of payment; the university and branch of a company bank; the recipient E company; and the issuer's electronic bill (e.g., bill number: F; hereinafter "the bill of this case"); the bill of this case was successively endorsed and transferred from the payee to the Plaintiff; and the bill of this case was refused to be paid as a suspension of transaction by the issuer on January 4, 2018.

According to the above facts of recognition, the Defendants, who are the endorsers of the bill of this case, are jointly obligated to pay jointly to the Plaintiff, the final holder of the bill of this case, the amount of KRW 75.8 million and delay damages calculated at the rate of 12% per annum from March 22, 2019 to the date of full payment after the copy of the bill of this case was finally served to the Defendants.

2. The defendant B merely delivered the bill of this case to the plaintiff upon the request of the J, Appellant, and the bill of this case between J and the plaintiff was terminated, and the above defendant was not responsible for the above defendant. As seen above, as long as the above defendant endorsed the bill of this case, it should be proved that the above defendant was liable for the endorser as long as it was endorsed on the bill of this case, and the above defendant's assertion is merely a personal defense against the counter party to the act of the bill of this case, and it should be proved that the plaintiff acquired the bill of this case with the knowledge that the plaintiff was detrimental to the above defendant. However, the above defendant's defense cannot be accepted, since the evidence submitted by the above defendant cannot be accepted.

3. According to the conclusion, the Plaintiff’s claim against the Defendants.

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