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(영문) 대구지방법원서부지원 2019.01.23 2018가단58841
수표금
Text

1. The Defendants together with the Plaintiff KRW 30,250,000 per annum from July 4, 2018 to November 22, 2018.

Reasons

1. Basic facts

A. On June 30, 2018, Defendant B issued each one of the instant check number (the check number E), Defendant B, Defendant B, Defendant B, Defendant B, and Defendant D, and Defendant C, who received and endorsed each of the instant check number (the check number) on June 30, 2018, and then delivered each of the instant check number (the check number) to G Co., Ltd., and G Co., Ltd, after endorsementing each of them.

B. On July 3, 2018, the Plaintiff presented each of the instant checks to the Industrial Bank of Korea (U.S.) branch, but the said bank refused payment on behalf of D, the payer, on the ground that the accident report was received.

C. The Plaintiff currently holds each of the instant checks.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. As to the claim against the defendant C

A. As an endorser of each of the checks of this case, Defendant C is obligated to pay to the Plaintiff damages for delay calculated at the rate of 30,250,000 won per annum from July 4, 2018 to November 22, 2018, which is the day following the day when the payment was presented (13,50,000 won) and the day after July 4, 2018, which is the day when the last copy of the bill of this case is served, and 6% per annum from the day following the day when the bill of this case is served to November 22, 2018, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. As to the claim against the defendant B

A. According to the facts of the determination as to the cause of the claim, the Plaintiff, and the Defendant B, as the drawer, together with the Defendant C, shall have a total of KRW 30,250,000 ( KRW 13,50,000, KRW 16,750,000) of each of the instant checks, and a copy of the instant complaint from July 4, 2018, which is the day following the date of presentment for payment.

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