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(영문) 제주지방법원 2016.11.03 2016나5139
어음금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On June 11, 2015, the Defendant issued to C a promissory note (hereinafter “instant promissory note”) with a face value of KRW 20,000,000 at face value, and the date of September 30, 2015 at the place of issue, and at the place of payment at the Jeju Bank (hereinafter “instant promissory note”).

B. C endorsed and transferred the instant promissory note to the Plaintiff on June 22, 2015.

C. On October 1, 2015, the Plaintiff, as the final holder of the Promissory Notes in the instant case, proposed the payment of the Promissory Notes at the Jeju Livestock Cooperative Suppression point, but the Jeju Livestock Cooperative point was refused to pay the Promissory Notes on behalf of the Jeju Bank on behalf of the Jeju Bank.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff, who is the final holder of the Promissory Notes of this case, the amount of KRW 20,000,000 per annum under the Civil Act from October 2, 2015 to October 21, 2015, which is the day following the date on which the Plaintiff presented a payment of the Promissory Notes of this case, and the amount of money calculated by each of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. The defendant's argument regarding the defendant's assertion is that the defendant acquired the Promissory Notes in this case by deception between C and D, and the plaintiff knowingly received the endorsement and transfer of the Promissory Notes in this case, but there is no evidence to acknowledge this, the above argument by the defendant is not acceptable.

4. In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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