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(영문) 서울북부지방법원 2017.09.26 2017가단100489
어음금
Text

1. The Defendant: (a) KRW 50,000,000 and its amount annually from December 22, 2016 to January 9, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 22, 2016, the Defendant (which is changed to the name of the Defendant in the Co., Ltd.) issued to the Hague Korea Co., Ltd. (hereinafter “Hionaiona Korea”) one copy of the electronic bill (hereinafter “pre-division of this case”) with the payee Hague Korea on December 21, 2016, at par value of KRW 250,00,000,000, due date of maturity, and one copy of the electronic bill (hereinafter “pre-division of this case”).

B. The Hague-ion Korea divided the above bill into five pages, and then endorsed and transferred the bill with its face value of KRW 40,000,000 (division No. 1) and face value of KRW 10,000,000 (division No. 3) to EP Global Co., Ltd.

(hereinafter referred to as “each of the bills of this case”) Nos. 1 and 3 of this Section.

Since then, the bill No. 1 was endorsed and transferred in sequence to the lue Pung Line Co., Ltd. (hereinafter referred to as the “lue Pung”), the Plaintiff, and the lue Plus Loan Co., Ltd., and the bill No. 3 of the division number was assigned in sequence to the lue Pung, the Plaintiff, and B.

Each of the bills of this case was presented on the payment date, but the payment was refused on the ground of the acceptance, and the plaintiff recovered each of the bills of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant, who is the issuer of each of the instant bills, is obligated to pay the Plaintiff, the final holder, the total par value of KRW 50,00,000, and the amount of KRW 50,000,00 after maturity, 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from December 22, 2016 to January 9, 2017, which is the delivery date of a copy of the instant bill, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day

3. Judgment on the defendant's defense

A. The Defendant believed that the Hague Korea would discount the bill to the Defendant and believed that it would be before the instant partition.

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