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(영문) 대전지방법원천안지원 2017.11.21 2017가단108444
어음금
Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 15% per annum from September 5, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 4, 2014, the Defendant issued to Nimers Co., Ltd. (hereinafter “Nimers”), the issuer, the payee’s Nimers, the bill amount of KRW 200,000,000, the place of payment, and each order issued, respectively, one promissory note as of May 30, 2017 of the date of issuance (hereinafter “instant bill”) to the issuer, the Defendant’s Mimers, the bill amount of KRW 200,000, the place of payment, and the place of issuance, and one promissory note certificate as of November 4, 2014 of the date of issuance (hereinafter “instant bill”).

B. On March 21, 2016, the Plaintiff was exempted from the duty to draw up a protest from the Mamers, and possessed the instant bill with endorsement.

[Grounds for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Plaintiff received and held the Promissory Notes in succession. Thus, the Defendant, the drawer of the Promissory Notes, barring any special circumstance, is obligated to pay to the Plaintiff, the Plaintiff, the holder of the Promissory Notes, KRW 150,00,00, and damages for delay calculated at the rate of 15% per annum from September 5, 2017 to the date of complete payment, which is the day following the delivery of a copy of the Promissory Notes, to the day of complete payment.

[Plaintiff claimed damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act for the period from May 30, 2017, which is the due date of the bill of this case, to the delivery date of the duplicate of the bill of this case, but the liability for delay for the obligations of the bill of this case arises only when a lawful payment is presented (see Supreme Court Decision 2009Da94797, Apr. 8, 2010). There is no evidence to prove that the Plaintiff, prior to the filing of the lawsuit in this case, made a lawful payment refusal to the Defendant and caused delay. Accordingly, the claim for damages for delay from the delivery date of the duplicate of the complaint in this case shall not be accepted

B. The defendant's assertion 1 as to the defendant's assertion is the one of the defendant prior to the endorsement of the bill of this case to the plaintiff.

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