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(영문) 서울중앙지방법원 2014.12.16 2014가단5159752
수표,어음금
Text

1. The defendant shall, within the limit of the property inherited from the deceased C, pay to the plaintiff KRW 90,000,000 and 30,000 among them.

Reasons

1. Basic facts

A. C, on April 16, 2013, issued and delivered to the Plaintiff the face value of KRW 316,000,000, the place of payment and the place of payment, and each of the Promissory Notes in Seoul (hereinafter “instant Promissory Notes”).

B. C A died on June 4, 2013 (hereinafter “the deceased”), and the Defendant’s report on qualified acceptance was accepted on December 31, 2013, which was the inheritor.

Seoul Family Court (Seoul Family Court Decision 2013 Dodan9635).

The Plaintiff supplemented the bill “A” and “A” as of April 16, 2014, respectively, and presented the bill to the Defendant on November 25, 2014.

[Ground of recognition] Evidence No. 2, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts, as to KRW 90,00,000 and KRW 30,000,00 among the amount of the Promissory Notes inherited from the Deceased, the Defendant is obligated to pay damages for delay calculated at the rate of 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act, from August 13, 2014 following the day following the delivery of a copy of the instant complaint, with respect to KRW 60,00,000,00, which is the day when the copy of the instant complaint was served, to the Plaintiff within the limit of the property inherited from the Deceased, from November 8, 2014 to December 16, 2014, which is the day after the delivery of a copy of the instant complaint, to the extent of the existence and scope of the Defendant’s obligation to perform.

3. If so, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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