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(영문) 대구지방법원 2015.11.20 2015가단783
약속어음금(배서인에 대한)
Text

1. The Defendants jointly form the Plaintiff, and as to the Plaintiff’s KRW 164,70,000, Defendant Co., Ltd. from November 17, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is currently holding the following electronic bills (hereinafter referred to as “instant bills”) by means of endorsement:

- Electronic bill number: C: Amount issued: 1,500,000 - Issuance Date: August 18, 2014 - The due date: the Bank of Korea on November 17, 2014 - The Daegu Branch of the Bank of Korea - The amount of endorsement KRW 71,00,000 (division number 04), KRW 93,700,000 (division number 05): - Division number 04: Defendant Furter (Endorsement number 03), Defendant SAC (Endorsement number 04), Defendant B (Endorsement number 06), Defendant B (Endorsement number 06) - Division number 05

B. The Plaintiff presented a payment proposal by electronic means within the period of presentment for payment, but was refused to pay the instant bill.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 5, purport of the whole pleadings

2. According to the above facts of determination, the Defendants, the endorsers of the Promissory Notes, are jointly obligated to pay the Plaintiff, the lawful holder of the Promissory Notes, KRW 164,70,000 ( KRW 71,00,000, KRW 93,700,000) endorsed by the Defendants among the amount of the Promissory Notes, and to pay damages for delay at the rate of 15% per annum from November 17, 2014, when the due date of the Promissory Notes, until January 14, 2015, when the copy of the Promissory Notes was served, until January 14, 2015, when the copy of the Promissory Notes was served, for Defendant Furcvis, and for Defendant C, until July 7, 2015, when the copy of the Promissory Notes is served, to the Plaintiff, who is the lawful holder of the Promissory Notes, respectively.

Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is amended to reduce the statutory interest rate from 20% per annum to 15% per annum.

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