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(영문) 서울남부지방법원 2016.08.24 2015가단56714
약속어음금
Text

1. As to the Plaintiff’s KRW 29,512,560 and KRW 9,712,560 among them, the Defendant shall start on November 30, 2014, and the remainder 19,80.

Reasons

1. Facts of recognition;

A. On June 12, 2014, AC Co., Ltd. issued an electronic bill at the face value of KRW 19,800,000,000 at face value, and the due date on September 13, 2014; the new branch of the Korea Exchange Bank at the place of payment; and the beneficiary’s electronic bill to the Defendant; the electronic bill was successively endorsed and transferred to C and the Plaintiff; the said electronic bill was issued at face value of KRW 9,712,560 on July 18, 2014; the due date was KRW 9,712,560 on November 29, 2014; the new branch of the Korea Exchange Bank at the place of payment; the new branch of the Korea Exchange Bank at the place of payment; and the electronic bill was issued to C and the Plaintiff in sequence endorsed and transferred to the Plaintiff.

(F) The sum of these two promissory notes is “each of the instant promissory notes” (b).

The plaintiff, who is the last holder, presented the payment of the said Promissory Notes, but was in default due to the default of payment.

C. Meanwhile, on June 11, 2014 and July 18, 2015, the Defendant recognized the fact of endorsement on each of the above Promissory Notes, and, in the event that the said Promissory Notes are not settled due to the shortage of balance, transactions without authentic documentation, and so on, the Defendant respectively drafted a written confirmation that the amount of the Promissory Notes will be immediately paid to the holders of the Promissory Notes, prior to the issuer of the Promissory Notes and other endorsers.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including each number), the purport of the whole pleadings

2. In light of the determination as to the cause of the claim, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 29,512,560 as well as KRW 9,712,560 as to the Plaintiff from November 30, 2014, following the due date of the electronic bill, and KRW 19,800,00 as to the Plaintiff’s KRW 19,80,000 from September 14, 2014, following the due date of the payment of the electronic bill, until September 15, 2015, the original of the payment order of each of the instant cases, from September 15, 2015, the delivery date of the electronic bill, Article 4 of the Issuance and Distribution of Electronic Bills Act, Article 6% per annum under the Bills of Exchange and Promissory Notes Act, and KRW 20% per annum from the following day to September 30, 2015, and damages for delay calculated by 15% per annum under the Special Act on Expedition, etc

Provided, That Article 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

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