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(영문) 전주지방법원군산지원 2016.06.28 2016가단597
약속어음금
Text

1. The Defendants amounting to KRW 40,000,000 for each Plaintiff and KRW 15% per annum from February 2, 2016 to the date of full payment.

Reasons

The description of the claim against Defendant A and the Taesung Heavy Industries: Attached Form

1. The description;

Article 208(3)1 of the Civil Procedure Act (Article 208(3) of the Civil Procedure Act) In fact, Defendant A Co., Ltd. recognized a claim for comprehensive construction of U.S. corporation on August 3, 2015, as to comprehensive construction of U.S. corporation.

2. The electronic bill recorded in the list (hereinafter “instant bill”) was issued.

On August 3, 2015, Defendant Jeong Jong Construction Co., Ltd.: (a) waived and transferred the bill of this case to Defendant Tae Chang Heavy Industries without discharging its duty to set up a protest for refusal of payment.

The bill of this case was subsequently endorsed and transferred to the Plaintiff through the original ethyl Co., Ltd. and Taedong Steel Co., Ltd.

The Plaintiff, as the final holder of the Promissory Notes, proposed payment within the due date for the Promissory Notes, but was rejected on the ground of non-transaction.

[Grounds for recognition] According to the above facts, Gap evidence Nos. 2-1, 2, 3, and 4, and the purport of the entire pleadings, the defendant Jeong Jong Construction Co., Ltd., the endorser of the bill of this case, is obligated to pay to the plaintiff, who is the last holder, the amount of the bill of this case, KRW 40,000,00, and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from February 2, 2016 to the date of complete payment.

Defendant Jeong Jong Construction Co., Ltd.’s endorsement and transfer of the Promissory Notes to the Defendant Tae Chang Heavy Industries was for the payment of the construction cost to the Defendant Tae Chang Heavy Industries. However, it asserts to the effect that, after endorsement and transfer of the Promissory Notes, Defendant Tae Tae Heavy Industries prepared a notarial deed of debt payment contract and repaid the construction cost accordingly, it is no longer obligated to pay the instant Promissory Notes.

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