logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.17 2016가단143589
약속어음금 및 보증채무금
Text

1. The Defendants jointly joined the Plaintiff with respect to KRW 30,000,000 and KRW 10,000,000 among them, as from June 21, 2015, and KRW 10,000.

Reasons

1. Facts of recognition;

A. On January 14, 2015, Defendant B issued each Promissory Notes (hereinafter “instant Promissory Notes”) as indicated below, and on the same day, Defendant C endorsed endorsed each of the instant Promissory Notes as the second endorsement.

Co., Ltd. (10,000 won, which is the second endorsement on June 20, 2015), the maturity date of the recipient of the face value set forth in the face value set forth in Korea. Co., Ltd. (Defendant C2,00,000 won) is formed in Korea, and Defendant C is formed in Korea on June 25, 2015 (Defendant C3,00,000 won). Korea is formed in June 31, 2015.

B. The Plaintiff owned each of the instant bills and presented each of the bills at the place of payment due, but refused to pay each of the bills.

C. Meanwhile, Defendant B filed an application for individual rehabilitation with the Jung Government District Court 2015 Session 75303, and on September 29, 2016, the rehabilitation decision was rendered on September 29, 2016, but was abolished without authorization of the repayment plan on February 2017.

[Grounds for recognition] The items in Gap evidence 2-1, 2, 3, and Eul evidence 1, and the purport of the whole pleadings.

2. Determination

A. According to the facts of recognition as to the Plaintiff’s claim, Defendant B, and Defendant C, together with the Plaintiff, have the obligation to pay the Plaintiff a total of KRW 30 million and KRW 10 million from June 21, 2015, which is the day following the date when payment is presented, with respect to KRW 10 million from June 21, 2015, and with respect to KRW 30 million from June 26, 2015, which is the day following the date when payment is presented; and with respect to KRW 10 million from July 1, 2015, which is the day when a copy of each of the instant bills is served, Defendant B, who is clearly recorded, from July 1, 2015 to the day when a copy of each of the instant bills is served; Defendant C, with respect to December 30, 2016, with respect to the annual interest rate of KRW 5% as prescribed by the Civil Act, from the day following the date when each of the instant bills is presented.

B. The Defendants’ assertion.

arrow