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(영문) 전주지방법원군산지원 2015.01.15 2014가합1340
물품대금 등
Text

1. Defendant A Co., Ltd.:

(a) From July 28, 2013 for KRW 86,898,566 and KRW 30,181,90 among them;

Reasons

1. Basic facts

A. In order to pay the price of goods to the Plaintiff, Defendant A Co., Ltd.: ① (i) paid KRW 30,181,990 at par value on April 10, 2013; (ii) paid-in fixed-gun Eup/Myeon; (iii) the recipient; (iii) the payment of the Promissory Notes No. 56,715,576 at face value on May 10, 2013, the payment date of KRW 56,715,576 at each of the instant Promissory Notes No. 3 (hereinafter “instant Promissory Notes No. 1”); (iv) paid-in KRW 54,697,75 at face value on June 11, 2013; and (v) paid-in promissory Notes No. 30,300,000 won at each of the instant Promissory Notes No. 1330, Jun. 11, 2013; and (v) paid-in number No. 56975,75,75. 2013.

B. The final holder of the Promissory Notes No. 1 presented the payment of the Promissory Notes No. 2 on July 29, 2013, the date of the payment of the Promissory Notes No. 201, but the payment of the Promissory Notes No. 1 was refused due to non-transaction. The Plaintiff, who was the holder of the Promissory Notes No. 2 and 3, presented the payment of the Promissory Notes No. 2 and 3 on January 16, 2014, after the expiration of the payment deadline, but refused payment.

C. On June 13, 2013, the Plaintiff handed over the industrial ship, etc. to Defendant A and claimed KRW 45,278,250 for the remainder of the goods, but failed to receive the price of the goods due to the Defendant A’s default.

[Ground of recognition] The written evidence Nos. 2, 4, and 5 and the result of the Plaintiff’s personal examination

2. According to the facts of the above recognition as to the claim against Defendant A, Defendant A is the issuer of each of the Promissory Notes in this case and the obligor paying the price for the goods, and is the final holder of each of the Promissory Notes in this case.

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