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(영문) 의정부지방법원 2019.07.11 2019가단3165
약속어음금 청구
Text

1. The Defendant’s KRW 60,000,000 and its related amount are 15% per annum from March 1, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On September 21, 2018, C Co., Ltd issued and delivered one copy of an electronic commitment note (bill No. 60,000,000 at face value and on January 28, 2019, and on January 28, 2019 at DB E branch of the Payment Bank (hereinafter “instant promissory note”).

B. The Promissory Notes of this case was endorsed and transferred in sequence to the Defendant, who is both the payee and the first endorsement, the second endorsement, and the Plaintiff, who is the last holder.

C. The Plaintiff presented the payment of the Promissory Notes at the E branch of the D Bank on the date of payment, but was refused due to non-transaction.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant, who is the endorser of the Promissory Notes of this case, is obligated to pay the Plaintiff, who is the final holder, the amount of KRW 60,000,000 and the delay damages therefor.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from March 1, 2019 to May 31, 2019, which is the day following the delivery date of a copy of the instant complaint sought by the Plaintiff, and from the next day to the day of full payment under the same Act, 12% per annum from the next day to the day of full payment.

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

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