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(영문) 창원지방법원 2015.10.28 2013가단12986
어음금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 36,500,000 as well as the interest rate from October 30, 2014 to the day of full payment.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) issued one promissory note at the Changnam Branch of the NACF at par value of KRW 35,600,000, and the due date of May 29, 2010, and the place of payment at Changwon, the place of payment, and the place of payment (hereinafter “instant Promissory note”).

B. The first endorsement column of the Promissory Notes is an endorsement in the name of the Defendant Socsung Comprehensive Construction Co., Ltd. (hereinafter “Defendant Socsung Comprehensive Construction”).

C. Although the bill of this case was presented for payment on May 31, 2010, it was rejected due to the default of payment, and the Plaintiff currently holds the bill of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 23-1 and 2-2, the purport of the whole pleadings

2. According to the facts of the determination as to the claim against Defendant B, Defendant B, the drawer of the Promissory Notes, is obligated to pay the Plaintiff, who is presumed to be a lawful holder of the Promissory Notes, the amount of KRW 36,50,000, and damages for delay calculated at the rate of 20% per annum from October 30, 2014 to the date of complete payment, which is the day following the delivery of a copy of the Promissory Notes, to the day of complete payment.

(As long as a claim for a commitment amount is accepted, no separate determination shall be made with respect to the claim for a selective resort loan). 3. Determination as to the claim against Defendant Shin Young-sung General Construction

A. The Plaintiff’s assertion 1) As an endorser of the Promissory Notes, Defendant Kusung Construction is obligated to pay the said Promissory Notes jointly with Defendant B, who is the drawer. In selectively, Defendant Kusung Construction is obligated to pay KRW 36,500,000 and damages for delay on the part of Defendant B, as it jointly and severally endorsed on the Promissory Notes, and thus, jointly and severally guaranteed Defendant B’s obligation to borrow money to the Plaintiff. 2) As to the claim for promissory Notes, as to the claim for promissory Notes, the endorsement in the first endorsement column of the Promissory Notes is as indicated in C.

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