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(영문) 인천지방법원부천지원 2019.08.27 2019가단2614
어음금
Text

1. The Defendants together with the Plaintiff KRW 40,000,000 and as to the Plaintiff:

A. Defendant B Co., Ltd. on January 6, 2019

Reasons

1. Facts of recognition;

A. On August 31, 2018, D Co., Ltd. (hereinafter “D”) issued one copy of the electronic bill (hereinafter “instant bill”) to Defendant B Co., Ltd. (hereinafter “Defendant B”) as follows.

Par value: 40 million won maturity and time of payment: January 6, 2019: Seoul Payment Place: E Postal mobile point

B. On August 31, 2018, Defendant B endorsed and transferred the instant bill to Defendant C, and thereafter, Defendant C endorsed and transferred the instant bill to the Plaintiff on September 10, 2018.

C. On January 6, 2019, the date for the payment of the Promissory Notes, the Plaintiff, as the final holder of the Promissory Notes, presented the payment of the Promissory Notes to E-Sable mobile point Co., Ltd., but was refused to pay due to the shortage of deposits.

[Reasons for Recognition] ① A: The absence of dispute, entry of Gap evidence 1, the purport of the entire pleadings, and ② The relationship between the plaintiff and defendant C: deemed confession under Article 150(3) and (1) of the Civil Procedure Act

2. Determination as to the cause of action

A. Comprehensively taking account of the facts acknowledged under paragraph (1), the Plaintiff, as the final holder of the Promissory Notes, presented the Promissory Notes lawfully within the payment deadline, but was refused to pay the Promissory Notes. Barring any special circumstance, the Defendants, who are the endorsers of the Promissory Notes, are obligated to jointly pay to the Plaintiff the amount of KRW 40 million of the Promissory Notes and damages for delay as prescribed by the Bills of Exchange and Promissory Notes Act from January 6, 2019 to the date of full payment.

① From January 6, 2019 to March 14, 2019, the above statutory interest and delay damages payable by Defendant B are 6% per annum under Articles 77(1)4 and 48(1)2 of the Bills of Exchange and Promissory Notes Act, and Article 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until May 31, 2019.

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