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(영문) 수원지방법원안산지원 2020.02.05 2019가단8917
상환금
Text

1. The Defendant’s KRW 200,000,000 as well as 6% per annum from February 10, 2019 to May 21, 2019 to the Plaintiff.

Reasons

1. The Defendant, on October 22, 2018, rendered endorsement (e.g., endorsement number C, issuer D, issuance date September 10, 2018; February 9, 2019; and the amount of endorsement 200,000,000; and store code E (F bank’s Saturdays) (hereinafter “instant bill”) to the Plaintiff.

On October 22, 2018, the Plaintiff endorsed and transferred the Promissory Notes to the Enterprise Bank for a bill discount.

The corporate bank presented a payment proposal to the financial institution claiming payment on the maturity date of the bill of this case, but refused to pay it, it requested the immediately preceding endorser to the Plaintiff.

On February 11, 2019, the Plaintiff paid 200,000,000 won to a corporate bank, and is in possession of the bill in this case after recovering it.

[Ground of recognition] Facts without dispute, A2-1, 2-2, 3, the purport of the entire pleadings

2. According to the above facts of determination, the Defendant, as the obligor of the bill of this case, is obligated to pay to the Plaintiff the amount of KRW 200,000,000 and delay damages at the rate of 6% per annum from February 10, 2019 (the day following the due date of the payment of the bill of this case) to May 21, 2019 (the delivery date of the bill of this case), and 15% per annum from the next day to May 31, 2019 (the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings), and 12% per annum from the next day to the day of full payment (the statutory interest rate of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended by Presidential Decree No. 29768, May 21, 2019; thus, the Defendant had an obligation to pay the Plaintiff delay damages at the rate of 201,000 per annum from June 1, 2019

3. The plaintiff's claim for conclusion is accepted within the extent of the above recognition, and the remaining claims are dismissed as they are without merit.

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