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(영문) 대구지방법원 2019.04.25 2019가단3827
약속어음금
Text

1. The Defendant’s KRW 41,009,608 as well as 6% per annum from September 1, 2018 to February 11, 2019 to the Plaintiff.

Reasons

1. The Plaintiff asserts as follows as the cause of the instant claim. A.

On May 10, 2018, Non-Party C, a corporation, issued an electronic promise note with the face value of KRW 41,009,608, maturity of August 31, 2018, which became the border point of the Industrial Bank of Korea of the financial institution requesting payment, as the defendant.

B. The Defendant, the addressee, exempted Nonparty D from drawing up a protest for non-payment of the foregoing electronic bill, and transferred it by endorsement to Nonparty D, and Nonparty D again endorsed and transferred it to the Plaintiff.

C. On August 31, 2018, the maturity date, the Plaintiff, a final holder, presented a payment proposal to the financial institution requesting the payment of the said electronic bill, but refused payment.

2. It shall be deemed that the defendant led to the confession of the office of the plaintiff's allegation, pursuant to the main sentence of Article 150 (3) and Article 150 (1) of the Civil Procedure Act.

Although the Defendant submitted a written objection against the instant payment order, the content of the written objection is merely an objection against the payment order, and it does not clearly state the facts constituting the Plaintiff’s assertion.

3. According to the above facts of recognition, the defendant, the addressee of the above electronic bill, is obligated to respond to the plaintiff's claim for reimbursement.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff statutory interest and delay damages calculated at the rate of 41,009,608 won and the rate of 6% per annum as prescribed by the Act on Issuance and Distribution of Electronic Bills and the Bills of Exchange and Promissory Notes Act from September 1, 2018 to February 11, 2019, which is the date of delivery of a copy of the instant bill, and 15% per annum as prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

Plaintiff

The claim is justified and accepted.

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