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(영문) 수원지방법원 2019.12.11 2019가단546705
어음금
Text

1. The Defendant’s KRW 87,100,000 as well as 6% per annum from August 4, 2019 to August 22, 2019 to the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 and 2, the defendant issued an electronic bill (D) at par value 87,10,000,000 on February 28, 2019, the due date for payment, August 3, 2019, and the due date for payment, and the above bill was endorsed and transferred to the plaintiff, and the plaintiff presented a bill to pay the due date for payment, but the payment of the bill was refused due to the accident report.

According to the above facts, the defendant, as the issuer of the bill, is obligated to pay as the issuer the interest calculated at the rate of 6% per annum as stipulated by the Bills of Exchange and Promissory Notes Act from August 4, 2019 to August 22, 2019, the delivery date of the copy of the bill of this case, as requested by the plaintiff, to the plaintiff, who is the last holder of the bill, the last holder of the bill of this case, and the delay damages calculated at the rate of 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

The defendant issued the above bill to C Co., Ltd. for the payment of the down payment related to the production of the production of the secondary cell equipment, but it is alleged that it was obtained by deception of the above company, but such reason constitutes a personal defense against the other party, so it shall be proved that the plaintiff acquired the bill with the knowledge that it would prejudice the defendant, but there is no evidence to acknowledge it. Thus, the above argument by the defendant is without merit.

Thus, the plaintiff's claim of this case is justified, and this is accepted.

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