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(영문) 수원지방법원안양지원 2019.08.22 2018가단9430
어음금(전자)
Text

1. The Defendants together with the Plaintiff amounting to KRW 97,60,000 and the amount pertaining thereto shall be from January 29, 2019 to May 31, 2019.

Reasons

Facts of recognition

On February 13, 2018, Defendant B issued five copies of the electronic bill (total face value of 5,000,000,000 won) on the issuance date to Defendant C, February 13, 2018, and on August 13, 2018 or August 16, 2018.

On February 13, 2018, Defendant C: (a) divided the five electronic bills into several bills; (b) on February 13, 2018, Defendant C signed, endorsed, and transferred one electronic bill (hereinafter “instant bill”) written at the face value of 97,60,000, the date of issuance February 13, 2018; (c) August 16, 2018; and (d) the due date of payment as the G Bank H Financial Center of the G Bank H Center of the Republic of Korea (hereinafter “instant bill”).

Since then, Defendant D Co., Ltd. entered Endorsement as Defendant Co., Ltd. on February 20, 2018, and Defendant E Co., Ltd. entered Endorsement as Defendant F Co., Ltd. (hereinafter “Defendant F”) on February 22, 2018, and Defendant F Co., Ltd signed Endorsement as Plaintiff on February 22, 2018, and endorsed and transferred the instant bill in sequence.

The Plaintiff, the holder of the Promissory Notes, presented the payment of the Promissory Notes within the due date, but was refused on August 16, 2018.

[Ground of recognition] Defendant B, Defendant C, and Defendant F Co., Ltd.: The absence of dispute; Gap evidence Nos. 1, 2; Eul’s statement Nos. 1, 4, 5, 8, 13, and 28 (including serial numbers) and the whole purport of pleadings; the remainder of the Defendants: The Defendants, the issuer of the Promissory Notes and endorser of the Promissory Notes, jointly with the Plaintiff, who is the final holder of the Promissory Notes, are entitled to KRW 97,60,00,00 and the Plaintiff, the following day after the last delivery of a copy of the Promissory Notes from January 29 to May 31, 2019, are subject to the determination as to the cause of the claim under Article 150(3) and the main text of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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