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(영문) 광주지방법원 2019.08.30 2018가단537055
어음금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 2018, the Plaintiff supplied the Defendant with 350,000,000 won and liver processed products. On March 30, 2018, the Defendant issued an electronic bill “the issuer, the issue amount of KRW 350,000,000,000, and the electronic bill number C” (hereinafter “instant bill”).

B. The Plaintiff endorsed to KRW 53,282,590 out of the amount of the Promissory Notes and transferred the Promissory Notes to D(E), F(G), H, and I in installments.

C. On May 29, 2018, the date of maturity of the Promissory Notes, the Plaintiff presented to the J bank, a paying bank, a payment for the amount of KRW 296,717,410 (=350,00,000-53,282,590, hereinafter “the amount of the Promissory Notes”), which was the date of maturity of the Promissory Notes, after deducting the amount transferred in installments as above (i.e., the date of maturity of the Promissory Notes). However, the Plaintiff did not receive the payment refusal due to the cause of the default of payment (i.e.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. According to the above facts, the Defendant, as the issuer of the Promissory Notes, is obligated to pay the Plaintiff the sum of KRW 296,717,410 of the Promissory Notes and damages for delay.

B. In light of the purport of the argument as a whole, the Defendant’s defense against the Plaintiff that the damage claim against the Plaintiff was offset. As such, in full view of the purport of the argument in the evidence No. 6, the Plaintiff would incur damages equivalent to the amount of KRW 330 million from the Defendant to the Defendant under the pre-paid transaction as if the Plaintiff had not been supplied with the goods and had issued the tax invoice. The Defendant filed a claim against the Plaintiff for damages and incurred damages equivalent to KRW 330 million from July 12, 2019. The Defendant shall pay the Defendant the amount calculated at the rate of 5% per annum from March 25, 2015 to July 12, 2019, and 15% per annum from the next day to the date of complete payment.

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