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(영문) 서울중앙지방법원 2018.07.12 2017가단5244668
어음금
Text

1. The Defendant’s KRW 63,938,930 as well as 6% per annum from March 19, 2015 to January 10, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that carries on the printing business, manufacturing business, and the Defendant is a company that manufactures, processes, and sells electrical equipment, electronic parts, communications equipment, etc. under the trade name of “B.”

B. On November 14, 2014, the Defendant issued and delivered one promissory note at the face value of 22,471,130 won at face value, and on February 6, 2015, both the date of payment, the place of payment, and the place of issuance, Seoul Special Metropolitan City, the branch offices of the Gangnam-gu Bank, the branch offices of the Gangnam Bank, the branch offices of the Gangnam Bank, and the payee. 2) On December 15, 2014, the Defendant issued and delivered one promissory note at the face value of 16,410,680 won at face value, and the due date of payment on February 25, 2015, both Seoul Special Metropolitan City, the branch offices of the Bank, the Korea Bank, the Korea Bank, the Bank, the Bank, and the Plaintiff.

3) On January 20, 2015, the Defendant issued and delivered one promissory note with a face value of 25,057,120 won at face value, and on March 18, 2015, the date of payment, the place of payment, and all of the place of issuance on March 18, 2015. (c) The Plaintiff offered each of the said promissory notes at the place of payment, and sought payment at the place of payment, but was refused payment from the Defendant. [Grounds for Recognition] The Defendant did not dispute over the issue of absence of dispute, each of the entry (including serial number; hereinafter the same shall apply) in the evidence A1 through 4.

- The purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the fact that the Defendant’s obligation to pay the bills of exchange is recognized, barring any special circumstance, the Defendant, as the issuer of each of the above promissory notes, is obligated to pay the Plaintiff, who is the addressee, the total amount of KRW 63,938,930, and the total amount of the bills of exchange, 60% per annum from March 19, 2015 to January 10, 2017, the delivery date of the copy of the bill of exchange, which is the date of the most late payment, and 15% per annum from the following day to the date of full payment.

B. The plaintiff is the first defendant's defense against the defendant's defense.

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