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서울서부지방법원 2019.01.18 2018가단224661
어음금
Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual rate of KRW 6% from November 13, 2017 to August 21, 2018.

Reasons

1. The facts of recognition are as follows: (a) on July 3, 2014, the Defendant was sentenced to imprisonment for a violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act; (b) on the charge of violating the Rental Housing Act; (c) on the charge of violating the Rental Housing Act, sentenced to imprisonment for a year and two months (Seoul District Court High Court Decision 2013No2380); (d) on the charge of statutory detention; (e) on September 23, 2014, the Defendant appealed against the ruling of bail; and (e) on the notice of release on September 12, 2014, the Defendant was released from the ruling of bail; (b) on November 12, 2014, the date of issuance; (c) on November 12, 2014, the date of payment; and (d) on the day when a notary public issued a promissory note stating No. 2014, Nov. 12, 2017; and (c) on the date of payment of the promissory note No.361.

2. Determination

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated by the Bills of Exchange and Promissory Notes Act from November 13, 2017 to August 21, 2018, the day following the due date for the delivery of a copy of the instant bill from November 13, 2017, and from the next day to the day of full payment.

B. The Defendant’s assertion 1) asserts that, as the Defendant did not receive KRW 60 million from the Plaintiff, the Plaintiff cannot respond to the Plaintiff’s claim. 2) The act of a bill is an unmanned act and must be dealt with separately from the underlying relationship of the receipt of a bill, and the bill is a security representing rights under a certain bill, regardless of the underlying relationship. Thus, the holder of a bill is the holder of a bill.

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