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(영문) 춘천지방법원 2016.11.09 2014가단34259
어음금
Text

1. The defendant's KRW 340,000,000 and its amount among the plaintiff

(a) From September 10, 2014 to October 13, 2014, KRW 110,000.

Reasons

1. Facts of recognition;

A. On April 30, 2014, the Defendant issued two copies of electronic bills (total KRW 110,000,000) at face value B (C), 5,000,000, and due date, September 10, 2014.

On June 3, 2014, the Defendant issued one copy of an electronic bill (total amount of KRW 230,000,000) on the same day as the payee B (C), face value of KRW 10,000,000, and the due date of October 10, 2014, respectively, on October 10, 2014.

(hereinafter referred to as “instant bill” in total. B.

The bill of this case was transferred in sequence to B (C), which is the payee and the first endorsement, to the Bank of Korea, and to D, and the plaintiff.

C. The bill of this case issued by the Defendant was automatically presented to the issuer’s creditor bank by the information processing system operated by the electronic bill management agency on each maturity of the above maturity, but payment was refused due to default, and the Plaintiff filed the lawsuit of this case as the final holder of the bill of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 4, 5, Gap evidence 8-3, Gap evidence 13-2, Eul evidence 13-1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the fact that the bill of this case was lawfully presented for payment but its payment was refused, the defendant, the drawer, was 340,000,000 won (=230,000,000 won) and 110,000,000 won from September 10, 2014, which is the due date (the due date) until October 13, 2014, which is the delivery date of the bill of this case, for the bill of this case, 6% per annum under the Bills of Exchange and Promissory Notes Act until October 13, 2014, which is the delivery date of the copy of the bill of this case, and 230,000,000 won from the date following the due date until October 10, 2014 to the delivery date of the copy of the bill of this case, 35% per annum per annum from the day following the due date to October 29, 2014 to the delivery date of the bill of this case, respectively.

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