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(영문) 광주지방법원 2019.04.19 2018나4631
어음할인대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff held a promissory note issued by the Plaintiff (hereinafter “instant promissory note”) as “C, face value: 23,980,000 won, and issuer: D Gwangju Branch, issue date: February 14, 2018; and payment date: July 31, 2018; and the payee: the Plaintiff’s promissory note issued by the Plaintiff (hereinafter “instant promissory note”).

B. On March 2, 2018, the Plaintiff: (a) endorsed and transferred the Promissory Notes to the Defendant; and (b) was paid KRW 23,400,000 at the discount of the said Promissory Notes from the Defendant.

(hereinafter referred to as “instant agreement”). C.

The Defendant received the instant promissory note from the Plaintiff on March 2, 2018 in accordance with the instant agreement, and paid KRW 5,900,000 to the Plaintiff on April 5, 2018.

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

2. We examine the judgment on the cause of the claim. The defendant is obligated to pay to the plaintiff the amount of KRW 17,500,000 (=23,400,000 - 5,900,000) payable under the agreement of this case and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 9, 2018 to the date of full payment, following the delivery of the original copy of the payment order of this case.

3. Judgment on the defendant's assertion

A. The Defendant entered into an agreement with the Plaintiff on the payment of KRW 23,400,00 as a bill discount under the instant agreement, and that “the Defendant shall pay only the remaining amount of KRW 5,900,000 as a bill discount, after deducting the amount of claim of KRW 17,50,000 for the Plaintiff,” and the Defendant asserts to the effect that there is no amount of the bill discount payable to the Plaintiff.

B. At the time of the instant agreement, the Defendant owned the claim for the construction cost of KRW 17,500,000 against the Plaintiff solely on the basis of the descriptions of the evidence Nos. 1 to 3.

It is insufficient to recognize that the Plaintiff and the Defendant entered into an agreement with respect to the payment of the discount amount for bills as alleged above.

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