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(영문) 서울동부지방법원 2020.01.21 2019가단113162
어음금
Text

1. As to the Plaintiff KRW 74,00,000 and KRW 44,000 among them, the Defendant shall pay to the Plaintiff KRW 74,00,000 from March 21, 2019, KRW 30,000,00.

Reasons

1. Basic facts

A. D Co., Ltd, on November 20, 2018, issued an electronic bill (bill number G) at par value of 30,000,000,000, and on April 16, 2019, the due date for payment bank E-bank branches, and the payee F Co., Ltd., and the said electronic bill became the final holder of the Plaintiff by endorsement in sequence by F Co., Ltd., H, I, and the Defendant.

B. On December 12, 2018, D Co., Ltd issued an electronic bill (bill No.J) at the face value of KRW 15,000,000 at face value, and on March 20, 2019, the due date for payment by E Bank E-bank, and the payee Co., Ltd., H, I, and the Defendant’s successive endorsement and became the final holder of the Plaintiff.

C. On December 12, 2018, D Co., Ltd issued 10,000 won at face value, 10,000,000 won at face value, 20 March 20, 2019, E-bank branch of payment bank E-bank E-bank, payee Co., Ltd., and H. The foregoing electronic bill became a final holder of the Plaintiff’s final bill by successive endorsement by H, I, and Defendant.

D Co., Ltd. issued 19,00,00 won at par value on December 12, 2018, 2019 on March 20, 2019; and on March 20, 2019, E-bank branch of the Payment Bank E-bank; and the payee Co., Ltd. H, H, I, and the Defendant were the final holders of the Plaintiff.

E. On February 26, 2019, a clearing house imposed a disposition of suspension of transaction on D Co., Ltd., the issuer of each electronic bill, and the Plaintiff offered a payment proposal on March 4, 2019, but refused payment.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 6, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, each of the above electronic bills is expected to be rejected at maturity, and thus, the Plaintiff, who is the holder, may exercise the right of recourse by presenting payment even before maturity.

As such, the Defendant’s total face value of each electronic bill as above is KRW 74,000,000 and KRW 44,000,000 among them ( KRW 15,000,000).

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