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(영문) 제주지방법원 2015.02.06 2013가단13527
약속어음금
Text

1. The Defendant’s KRW 50,000,000 as well as annual 6% from July 9, 2013 to August 30, 2013 to the Plaintiff.

Reasons

1. Determination as to the assertion on the cause of claim

A. In full view of the purport of the pleadings as a whole, the facts of recognition as evidence No. 1-1 and No. 2 are as follows: (a) around March 4, 2013, the Defendant issued a copy of a promissory note in the Jeju Bank Co., Ltd., Ltd., Ltd., and KRW 50 million at par value, KRW 7,700, July 7, 2013, and KRW 50,000, and KRW 7, the place of payment, and KRW 1, a promissory note in the place of payment, which is the Jeju Bank, at the place of payment; (b) the Defendant’s endorsement on the instant promissory note and transferred the instant promissory note to the Plaintiff; (c) the Plaintiff presented the instant promissory note to the place of payment on July 8, 2013, but

B. According to the facts of the above recognition, the Defendant, as an issuer of the said Promissory Notes, is obligated to pay the Plaintiff, who is a lawful holder of the said Promissory Notes, the total sum of KRW 50 million, as well as damages for delay calculated at each rate of 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from July 9, 2013 to August 30, 2013, which is the delivery date of the Promissory Notes, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment on the defendant's defense

A. A. Around January 2013, the Defendant’s defense: (a) paid the construction cost of KRW 910 million, including the Promissory Notes in question, to the Cheongbu Co., Ltd., the Defendant: (b) paid the construction cost of KRW 160,138,000,000, to the Cheongbu Co., Ltd., Ltd. for the construction of retail stores and manufacturing facilities on the C’s ground; and (c) the Defendant paid the construction cost of KRW 91,00,000,000,000,000,000,000,000 as a result of the construction work at the Cheongbu Co., Ltd.; and (d) the Plaintiff acquired the Promissory Notes with well-known knowledge of

B. The defendant's above assertion is a certain personal defense.

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