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(영문) 인천지방법원 2018.05.10 2017가단255954
어음금
Text

1. The Defendants jointly combine the Plaintiff with KRW 170,240,000, and with respect thereto, the period from October 12, 2017 to November 16, 2017.

Reasons

1. As to the cause of claim

A. The facts of recognition 1) Bochi Industries Co., Ltd. and Maccom issued an electronic bill (hereinafter “instant bill”) as indicated in the following table. EF G2) Defendant B Co., Ltd. (hereinafter “Defendant B”) upon endorsement on the instant electronic bill, requested the Plaintiff who engages in credit business with the trade name “H,” and requested the discount of the instant bill. On August 25, 2017 between the Plaintiff and the Plaintiff on August 25, 2017, the rate of interest shall be 27.9% per annum, overdue interest rate shall be 27.9% per annum, and the expiration date of the limit transaction shall be August 25, 2019; however, they concluded a credit transaction agreement that would lose the benefit at the time of default before the due date of the payment of the bill; and Defendant C and D jointly and severally guaranteed all the Defendant B’s debt on the same day.

3) The Plaintiff possessed the instant bill. The Plaintiff’s check account transaction was suspended on October 11, 2017. [The description of evidence A and the purport of the entire pleadings as to the Plaintiff’s ground for recognition.]

B. Determination 1) Since the parties entered into a credit transaction agreement to lose the benefit of the due date prior to the due date of the payment of the Promissory Notes, the due date of the payment of the Promissory Notes shall be deemed to have arrived on October 11, 2017, in which current account transaction was suspended. (2) The Defendants jointly have the obligation to pay to the Plaintiff the amount of KRW 170,240,000, and the amount of KRW 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from October 12, 2017 to November 16, 2017, which is the date following the due date of the payment of the Promissory Notes, and the amount of delay damages at the rate of KRW 27.9% per annum from the next day to the date of the payment of the Promissory Notes.

2. Thus, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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