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(영문) 청주지방법원영동지원 2015.11.18 2015가합41
어음금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 260,000,000 and the interest thereon from April 30, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 1, 2014, a limited liability company D (hereinafter “D”) issued an electronic bill of KRW 300 million (hereinafter “instant electronic bill”) with the content as indicated in the attached list, including the face value as indicated in the attached list, and C&C Co., Ltd. (hereinafter “Defendant C&C”) endorsed on the instant electronic bill.

B. On December 26, 2014, Defendant B and C agreed to pay to the Plaintiff KRW 300 million equivalent to the sum of the face value of the instant electronic bill, on which the agreement was made to pay KRW 50 million each on six occasions in installments (hereinafter referred to as the “instant agreement”).

C. On January 6, 2015, the date of payment, the Plaintiff, holding the instant electronic bill, presented a payment proposal for the said electronic bill, but was refused on the ground of non-transaction.

The Defendants paid KRW 40 million to the Plaintiff on January 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, Defendant C, the endorser of the instant electronic bill, and Defendant B, and C, the debtor of the instant agreement, jointly and severally, are liable to pay to the Plaintiff the amount of KRW 260 million equivalent to the unpaid electronic bill or agreed amount, and the damages for delay at the rate of 15% per annum, which is the day following the last delivery of the copy of the instant complaint, from April 30, 2015 to the day of full payment, as the Plaintiff seeks.

As to this, the Defendants asserted to the effect that they are taking legal measures to receive the electronic bill payment against D, the issuer of the instant electronic bill, and that they cannot respond to the Plaintiff’s claim before such procedures are completed.

However, the circumstance alleged by the Defendants cannot be deemed to constitute justifiable grounds for refusing the Plaintiff’s claim.

The defendants are the defendants.

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