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(영문) 서울중앙지방법원 2015.04.29 2014나21723
약속어음금
Text

1. The part of the judgment of the court of first instance against the defendant C is revoked, and the plaintiff against the defendant C.

Reasons

1. Determination as to the claim against the defendant B

A. 1) In full view of the purport of the entire pleadings as to the cause of the claim in Gap evidence Nos. 1 and 2, Defendant B’s assertion as to August 21, 2012: (a) the issue date of KRW 100 million; (b) August 21, 2012; (c) February 28, 2013; (d) the payment date; and (e) Seoul; and (e) Promissory Notes with the Plaintiff as the payee (hereinafter “instant bill No. 1”).

(2) In addition, in collaboration with D, Promissory Notes with D, with the face value of KRW 100 million, the date of issuance August 21, 2012, March 31, 2013, the date of payment, Seoul and the place of issue, and the Plaintiff (hereinafter “instant Second Promissory Notes”) (hereinafter “instant Promissory Notes”), and the total sum of the First and Second Promissory Notes are “each of the instant Promissory Notes.”

(2) The Plaintiff, who is the final holder of each of the instant bills, presented each of the instant bills to Defendant B by delivering a copy of each of the instant bills to the Plaintiff, shall be liable to pay damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 10, 2013 to the date of full payment.

나. 항변 등에 관한 판단 1) 기초사실 ㈎ 피고 B(피고 회사의 대표이사이다

Around October 30, 2007, each face value of KRW 100 million, the date of issuance and payment, October 31, 2009, each blank, the payment place, the Korean C&T Bank's astronomical point, the addressee D, and the Defendant company, respectively. Around that time, a promissory note was issued and delivered to D, and D was later transferred to the Plaintiff each of the said promissory notes with a blank endorsement with the seal of the endorsee.

㈏ 피고 B은 2009. 10. 15.경 원고의 승낙을 받아 위 각 약속어음의 발행일을 2009. 10. 15.로 보충하는 한편, 지급기일을 2010. 6. 30.로...

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