logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.11.03 2015가단12256
약속어음금
Text

1. From June 11, 2015, the Defendants together with the Plaintiff KRW 30 million and the Defendants with respect thereto:

A. The defendant corporation.

Reasons

1. Determination on the cause of the claim

A. On January 15, 2015, Samsung A&D Co., Ltd. issued a promissory note with the face value of 58,950,000 won and the due date on June 11, 2015 in the name of the Defendant A&D Co., Ltd. (hereinafter “Defendant A&D”) on January 15, 2015. After the issuance of a promissory note with the endorsement of Defendant A&D Co., Ltd and Defendant B&D Co., Ltd. (hereinafter “Defendant B&D”), the Plaintiff possessed the said promissory note with the Busan Bank and received a discount equivalent to the face value of the said promissory note from the Busan Bank, and on February 26, 2015, the Plaintiff agreed to pay 30,000,000 won out of the discounted amount, the remainder was liable for each of the Plaintiff, which was the due date for the payment of the Promissory note, but the Plaintiff did not pay the said promissory note as the entire parties to the transaction.

B. According to the facts of the determination as above, the Defendants, as the endorsers of the Promissory Notes, have the obligation to jointly pay to the Plaintiff KRW 30 million, which the Plaintiff seeks within the scope of the face value of the Promissory Notes, and to pay damages for delay calculated at the rate of 15% per annum from June 11, 2015, which is the date of delivery of a copy of the Promissory Notes, until July 23, 2015, which is the date of delivery of a copy of the Promissory Notes, to the Plaintiff. Defendant Dongdong-dong, as the date of delivery of a copy of the Promissory Notes, is the 6% per annum as stipulated in each of the Bills of Exchange and Promissory Notes Act until July 1, 2015, and from the following day to the

2. As to the Defendant’s assertion, the Plaintiff asserted that the instant promissory note was endorsed and delivered to Hanex Co., Ltd. for the payment of factory fees and electricity charges, etc., and that there was no transaction with the Plaintiff. However, as seen earlier by the Plaintiff, the Plaintiff is the final holder of the instant promissory note, which is the series of endorsement.

arrow