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(영문) 부산지방법원 2016.11.03 2015가단200636
어음금
Text

1. As to the Plaintiff KRW 100,000,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff KRW 1,00,000 from December 1, 2014, and KRW 50,00,00.

Reasons

1. Comprehensively taking account of the overall purport of pleadings as to Gap evidence Nos. 1 and 2 as to the cause of the claim, the defendant issued and delivered to the plaintiff, June 18, 2014, electronic promissory notes, the payment date of which is 50 million won, with the payment date, which is 50 million won (hereinafter “each of the instant promissory notes”) from the new bank, Busan Young-do branch, and Busan-do branch, and 50 million won (hereinafter “each of the instant promissory notes”), respectively, and each of the instant promissory notes was rejected on the ground of the report of the accident at the due date, and it can be recognized that the plaintiff currently holds each of the instant promissory notes.

According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 100 million and KRW 50 million from December 1, 2014, which is the day following the due date for the payment, and with respect to the remaining KRW 50 million from December 21, 2014, which is the day following the due date for the payment, 6% per annum prescribed by the Bills of Exchange and Promissory Notes Act until January 19, 2015, and 20% per annum from the following day to September 30, 2015, and damages for delay calculated at the rate of 15% per annum from the next day to the day of full payment.

2. The defendant's defense based on the defendant's underlying relationship is based on the contract to the plaintiff for the repair business of the ship owned by the defendant and issued each of the Promissory Notes in order to pay the repair cost. However, since the plaintiff's failure to repair properly caused damage to the defendant, the defendant is not liable to pay the amount of the Promissory Notes in relation to the cause of each of the Promissory Notes, and even if not, the amount payable to the plaintiff is deducted from the amount of damages suffered by the defendant due to the plaintiff

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