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(영문) 서울중앙지방법원 2015.01.13 2014가단66459
약속어음금
Text

1. The defendant shall pay 49,00,000 won to the plaintiff and 20% per annum from November 19, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 10, 2010, the Defendant issued one promissory note (bill No. C; hereinafter “instant note”) with each blank of the face value, issue date, and due date, although the place of payment is indicated as Seoul and the place of payment as a new note for a national bank.

B. The first endorsement of the bill of this case is the defendant, and the second endorsement is the plaintiff's representative director, and the second endorsement is each endorsement of D, which is the plaintiff's representative director, and each endorsement is the blank.

C. On November 18, 2014, the Plaintiff presented to the Defendant the bill of this case supplemented by the date of payment on October 21, 201, and the date of payment on December 12, 2011.

The Plaintiff received reimbursement of KRW 10 million out of the above amount of the bill.

[Ground of recognition] Facts without dispute, Gap 4 and 5 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant, who issued the Promissory Notes, is obligated to pay to the Plaintiff, the holder of the Promissory Notes the remaining amount of KRW 49 million and damages for delay calculated at the rate of 20% per annum from November 19, 2014 to the date of full payment.

B. As to the defendant's defense (1) The defendant asserts that since the defendant granted E the authority to supplement the face value of the bill of this case to E at the time of delivering the bill of this case, the plaintiff is not liable for the amount in excess of the above amount.

However, in full view of the purport of the pleadings in the evidence Nos. 3, 2, 3, and 5, the Defendant issued and delivered one promissory note (hereinafter “instant one”) in blank to E requesting the issuance of a promissory note on Nov. 10, 2009, while using the promissory note for raising KRW 6 million operating funds, and considering the purport of the entire pleadings, the Defendant borrowed the discount amount based on the face value provided to the Plaintiff and the face value of KRW 60 million (hereinafter “the instant loan”). The Defendant borrowed the amount at a discount on June 1, 200, based on the face value provided to the Plaintiff.

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