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(영문) 서울중앙지방법원 2015.06.19 2014가단5288889
어음금
Text

1. The Defendant’s KRW 50,000,000 and its related amount are 6% per annum from October 7, 2014 to November 7, 2014 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Defendant Digital Existence Co., Ltd., separate from the pleadings due to the declaration of bankruptcy (hereinafter “ditin”)

Defendant B (hereinafter referred to as the “Defendant”) on June 5, 2014

) The electronic bill dated October 7, 2014 (hereinafter referred to as the “electronic bill of this case”) at par value of KRW 50 million and due date.

(2) On June 5, 2014, the Defendant issued the instant bill to the Plaintiff. On June 5, 2014, the instant bill was endorsed and delivered to the Plaintiff. (2) The instant bill was rejected on October 7, 2014 for lack of deposit.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-3, 5, 7, and 8 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above facts, the Defendant, who is the endorser of the Promissory Notes, is obligated to pay to the Plaintiff the amount of KRW 50,000,000,000 and 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from October 7, 2014, which is the date of payment, to November 7, 2014, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of payment.

2. Judgment on the defendant's assertion

A. A. The summary of the argument 1) The Defendant had a claim of KRW 8,629,500 for the cost of processing DNA. Daehan issued the instant bill to the Defendant, and had talked with the Plaintiff in advance, and requested that the Defendant use the remainder of the money excluding the said cost of processing at a discount from the Plaintiff as funds for the operation of DNA. 2) The Defendant agreed to accept the said request in order to collect the above claim for the said cost of processing expenses, and remitted the remainder of KRW 41,370,500,000, excluding the cost of processing of KRW 50,000,000,000, which was received from the Plaintiff and received the instant bill from the Plaintiff, and endorsed the bill to the account designated by DNA.

3. The plaintiff was well aware that the sum of the face value of the bill of this case, other than the above processing costs, is a loan bill to be used as operating funds of DNA, while working for DNA, and thus, the plaintiff was against the defendant.

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