(영문) 부산지방법원 2009.10.12 2009가단36261

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(영문) 부산지방법원 2009.10.12 2009가단36261

어음금

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1. The defendants together with the plaintiff KRW 31,00,000, and 6% per annum from September 28, 2008 to May 11, 2009.

Reasons

1. The facts subsequent to the facts of recognition may be recognized if the entry of evidence A No. 1 added to the whole purport of the pleading.

On June 13, 2008, Defendant B issued a promissory note with the face value of 35,000,000, bill number E, and payment place of Busan Metropolitan City Co., Ltd. (hereinafter “instant promissory note”) on September 27, 2008 with the maturity of 35,00,000,000 won at face value as the addressee.

B. Defendant C, Defendant D, and G, who are the president of the F branch office of the Gando comprehensive construction corporation, have endorsed the said promissory note in turn, and the Plaintiff was issued and possessed by them.

C. The Plaintiff requested the Busan Bank to perform the above collection and presented the above bill at the place of payment at the maturity, but the payment was refused due to non-transaction.

Since then, the Plaintiff recovered KRW 4,000,000 out of the amount of the Promissory Notes of this case.

2. According to the facts of the determination as to the cause of the claim, Defendant B is the person who issued the Promissory Notes, Defendant C and D are the persons who have endorsed each of the Promissory Notes, and the Promissory Notes were duly presented for payment, but the payment of the Promissory Notes was refused. Thus, the Defendants are jointly obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of delivery of the Promissory Notes from September 28, 2008 to May 11, 2009, which is the last day of the Promissory Notes, after deducting the amount of KRW 4,00,000 collected by the Plaintiff from the face value of the Promissory Notes amounting to KRW 35,00,000.

3. Judgment on the defendants' assertion

A. As to the claim of Defendant B, Defendant B asserted that its representative director has no responsibility for repayment as an individual.

However, the plaintiff's claim is a claim against the defendant who is a company, and the defendant's representative director.

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