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(영문) 대구지방법원 경주지원 2018.02.08 2017가단10223
어음금
Text

1. The Defendants jointly combine the Plaintiff with KRW 200,000,000, and with respect thereto, the period from February 1, 2016 to November 1, 2017.

Reasons

1. Facts of recognition;

A. On August 31, 2015, Japan Industrial Co., Ltd issued electronic bills with face value of KRW 400,000,000 at face value, and maturity of January 31, 2016, with respect to the restoration construction of Defendant Co., Ltd. as an addressee.

B. On September 9, 2015, Defendant Restoration and Construction Co., Ltd. divided the amount of bills into KRW 100 million with respect to the foregoing electronic bills, and delivered each of the two electronic bills divided by the number C and D (hereinafter “instant bills”) to E on the same day, E to Defendant A on the same day, Defendant A to Defendant B, Defendant B to Defendant D on September 14, 2015, Defendant B to Defendant Limited Company Case on the same day, Defendant Limited Company Case on the same day, and Defendant Co., Ltd.’s century to the Plaintiff on September 14, 2015, respectively.

C. Although the Plaintiff presented a lawful payment proposal prior to the due date of the Promissory Notes, the Plaintiff was denied payment on the ground that it was not due.

[Ground of recognition] Plaintiff and Defendant Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation: Service by publication (Article 208 (3) 3 of the Civil Procedure Act) and Defendant A Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation No. 1

2. According to the above facts of recognition, the Defendants, together with endorsers, have a duty to pay the Plaintiff, who is the final holder of the Promissory Notes, the amount of KRW 200 million, and to pay damages for delay calculated at the rate of 6% per annum as stipulated by the Bills of Exchange and Promissory Notes Act from February 1, 2016 to November 1, 2017, which is the date of the last delivery of the copy of the Promissory Notes, and 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.

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