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(영문) 광주지방법원 2015.11.24 2015가단6697
약속어음금
Text

1. The Defendants jointly combine with the Plaintiff KRW 150,000,000, and with respect thereto, the period from February 3, 2015 to August 19, 2015.

Reasons

1. Facts of recognition;

A. On October 17, 2014, Defendant K&T Co., Ltd issued and delivered an electronic bill with a face value of KRW 258,527-5 and KRW 1500,000 (hereinafter “electronic bill of this case”) at the time of issuance, with a maturity of February 2, 2015, to Defendant J&T Co., Ltd. (hereinafter “instant electronic bill”) and its branch office in Ansan-si, the place of payment and the place of payment, the recipient Co., Ltd., Ltd., the payment, the date of issuance, October 17, 2014, and the date of issuance.

B. On October 21, 2014, Defendant Jinjin Investment Planning Co., Ltd.: (a) Defendant two companies (former trade name: leapex Co., Ltd.; hereinafter referred to as “Jinju Company”); (b) Defendant two companies; (c) Defendant Jinpy Co., Ltd. on October 22, 2014; (d) Defendant Jinpy Co., Ltd. on October 23, 2014; (c) Defendant Jinpy Food Co., Ltd. on November 5, 2014; (d) Defendant Jinpy Food Co., Ltd. on November 5, 2014; and (e) Defendant Tae Young Ein Ein Ein Einte Co., Ltd. on November 6, 2014; and (e) Defendant Jindong Co., Ltd. on November 19, 2014, Defendant 10 U.S. Co., Ltd. on May 14, 2014.

C. The Plaintiff registered the instant electronic bill with Gwangju Bank, a bank of bank of bank account, and presented payment proposal to the Nonghyup Bank, the issuer’s bank through the Financial Settlement Board, the electronic bill management agency, on February 2, 2015. However, the Nonghyup refused payment on the ground of non-transaction (the Plaintiff’s C&T Co., Ltd. was suspended from current account transactions as of January 14, 2015). The Plaintiff sent the certificate of the details of defaulted electronic bill, which is part of the electronic bill, to the Financial Settlement Board, along with the instant electronic bill. The Financial Settlement Board registered the instant electronic bill with the head of the bank on the same day of default.

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