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(영문) 서울북부지방법원 2018.12.04 2018나34580
지불각서금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence Nos. 1, 2, and 1, both together with the purport of the entire pleadings.

around 208, the Defendant was the representative director of C Co., Ltd. (hereinafter “Nonindicted Company”).

B. The Plaintiff issued a discount to the Defendant at the face value KRW 500 million issued by the Nonparty Company on December 30, 2008, and on April 15, 2009, the payment date and the place of payment, the National Agricultural Cooperative Federation, and the serial number of the Promissory Notes (hereinafter “Bsory Notes 1”).

C. When the Promissory Notes No. 1 was settled prior to the due date, the Defendant delivered to the Plaintiff the Promissory Notes No. 200,000 won at par value KRW 500,000,000 issued by the non-party company on November 11, 2008, the date of payment, Han Bank Co., Ltd. (hereinafter “one Bank”), the place of payment, and the Promissory Notes No. E (hereinafter “the Promissory Notes No. 2”). The Defendant endorsed the Promissory Notes No. 2.

On March 3, 2009, the Plaintiff, as a bearer of the Promissory Notes No. 2, presented the said Promissory Notes to Han Bank, but rejected payment.

E. On August 12, 2010, the Defendant prepared and delivered a letter of confirmation of payment (hereinafter “each of the instant notes”) with the following content to the Plaintiff, and recovered the second promissory notes from the Plaintiff.

C E

2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff 10 million won among the agreed amount of KRW 500 million based on the letter of this case and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 1, 2011 to January 16, 2018, the delivery date of a copy of the complaint of this case, which is the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment

On November 11, 2008, the defendant was discounted by the plaintiff on the second promissory note of this case.

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