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(영문) 수원지방법원안산지원 2017.09.13 2015가단111655
어음금
Text

1. As to KRW 527,811,00 and KRW 99,041,00 among the Plaintiff, the Defendant shall start on June 27, 2015 and end on the remaining 428,70.

Reasons

1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽19, 21∽25호증(가지번호 포함)의 각 기재, 증인 B의 증언, 변론 전체의 취지 (1) 원고와 피고는 2015. 1. 25. 원고를 수급인, 피고를 도급인으로 하여 다음과 같은 내용의 공사 도급계약(이하 ‘이 사건 공사계약’)을 체결하였다.

The name of a construction project: 1/2 construction period of a factory: From January 25, 2015 to April 25, 2015 (Provided, That the period of construction shall be three months from the date of the commencement of construction: 1,595,00,000 won (including value-added tax): D issue amount: D issue amount: 529,041,000 won: A branch bank and store code on June 26, 2015: 03789 (branch of the Corporation of the Bank of Korea): 2. E issue amount: 528,70,000 won: Branch and store code on June 29, 2015; 03789; 00 won (the due date of maturity of the Bank of Korea: 0370,000 won: June 29, 2015; 20379, Bank of Korea and store code on June 29, 2015).

(3) On March 20, 2015, the Defendant divided KRW 99,041,00 among the above bills (i) by dividing the amount of the bill into KRW 99,041,00,000, and divided the bill into KRW 428,770,000 among the above bills (ii) by dividing the bill into KRW 428,770,000, and then endorsed and transferred the bill to the Plaintiff (hereinafter collectively referred to as “instant bill”).

(4) On March 27, 2015, the Plaintiff endorsed and transferred the Promissory Notes to the Enterprise Bank (the point in which the Promissory Notes are not issued) for the discount of bills.

(5) A corporate bank (the branch office of the Bank) presented payment to the financial institution (the office of the Corporation of the Corporation of the Bank) claiming payment on the date of each maturity of the Promissory Notes, but the payment was refused on the ground of non-transaction, and filed a claim for reimbursement with the Plaintiff, the immediately preceding endorser

(6) Accordingly, until July 21, 2015, the Plaintiff paid an aggregate of KRW 527,81,000 of the face value of the bill No. 1 and 2 to an enterprise bank. However, the face value of the bill No. 1 shall be paid on June 2015.

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