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(영문) 의정부지방법원 2016.06.08 2016가단2710
약속어음금
Text

1. The Defendant shall pay to the Plaintiff KRW 75,006,00 and the interest rate of KRW 15% per annum from December 31, 2015 to the date of full payment.

Reasons

1. The Plaintiff received each endorsement from the Defendant in a manner prescribed by the Act on Issuance and Distribution of Electronic Bills, respectively, of the electronic bill No. 1 on July 23, 2014, and of the electronic bill No. 2 and 3 on July 8, 2014.

(hereinafter referred to as “instant electronic bill”). The Plaintiff became the final holder of the instant electronic bill. The Plaintiff became the final holder of the instant electronic bill.

Division 1: CD E Bill No. 40,000,000 won 20,230,000 won 14,776,000 won 14,700,000 won F Agricultural Association Corporation (Representative G): H) Corporation I (representative business registration number : K) receiver B (Defendant B (Defendant) B (Defendant) (Defendant Defendant) issue date of the 22, 2014 July 22, 2014;

8. On November 28, 2014, the maturity date of January 13, 2015, the Plaintiff presented the instant electronic bill to the central government-based financial branch of a national bank, the paying bank’s branch of the National Bank of the National Bank of Korea on November 28, 2014, for the presentation of payment for the central government-based financial support of the National Bank of the Government-based Central Bank of the National Bank of Korea on January 13, 2015, on December 28, 2014, the date when the payment was proposed, as stipulated in Article 12(1) of the Issuance and Distribution of Electronic Bills Act, the Plaintiff refused payment by an electronic document.

(E) An electronic document in which payment was refused is deemed a notarial deed under Article 44(1) of the Bills of Exchange and Promissory Notes Act after confirmation by the electronic bill management agency (the grounds for recognition). [In the absence of dispute, entry of evidence 1-3, evidence 1-2-1-3, evidence 3-1-3, and evidence 3-3, the purport of the whole pleadings.

2. According to the above facts of determination, the Defendant, who is the endorser of the instant electronic bill, is the final holder of the instant electronic bill, at KRW 75,006,00,00 (=20,230,000,000 of the electronic bill No. 1 electronic bill No. 40,230,000 and the electronic bill No. 3 electronic bill No. 3 electronic bill No. 14,776,00) and after each maturity of the instant electronic bill, as sought by the Plaintiff.

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