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(영문) 광주지방법원 2015.12.23 2015가단36247
약속어음금
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 103,00,000 as well as to the day of full payment from August 29, 2015.

Reasons

1. Facts of recognition;

A. On March 20, 2012, the Plaintiff entered into an investment contract with the Defendants on the “industrial copper production using iron” and paid KRW 100,000,000 to the Defendants.

B. On August 3, 2012, the Defendants issued a promissory note 103,00,000 won at face value and on August 31, 2012, with respect to the said investment amount, and delivered it to the Plaintiff on August 31, 2012 (hereinafter “instant promissory note”).

On the other hand, the Defendants, on the same day, prepared and delivered a notarial deed No. 714, No. 714 regarding the Promissory Notes of this case to the Plaintiff.

【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The Defendants’ issuer of the non-payment-prohibited Promissory Notes does not assume the responsibility for the delay of payment before a lawful presentation of payment (see Supreme Court Decision 2009Da94797, Apr. 8, 2010). There is no evidence to prove that the Plaintiff lawfully presented payment within the due date of the Promissory Notes.

However, it is evident that the copy of the instant complaint, including the Plaintiff’s intent to present the payment of the said promissory note, was served on August 28, 2015 on the Defendants.

Therefore, the Defendants, as the issuer of the Promissory Notes, have a duty to jointly pay to the Plaintiff KRW 103,00,000 that falls under the face value of the Promissory Notes, as well as damages for delay calculated at the rate of 15% per annum from August 29, 2015 to the day of full payment (the day following the delivery date of a copy of the Promissory Notes).

3. The Defendants’ defenses are issued in order to return KRW 100,000,000 invested by the Plaintiff to the Defendants in accordance with an investment contract regarding the “industrial copper production project using iron” concluded between the Plaintiff and the Defendants, and thereafter, Defendant C is owned.

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