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(영문) 수원지방법원 2016.04.21 2015가단18110
어음금
Text

1. As to the Plaintiff KRW 70,000,000 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff KRW 40,00,000 from February 18, 2015.

Reasons

1. Facts of recognition;

A. C Co., Ltd, on November 17, 2014, issued an electronic bill with a face value of KRW 30,000,000 at face value, the Gyeonggi Bank Business Department of the Payment Bank, February 18, 2015 due date, and an electronic bill with the payee as Defendant, and issued an electronic bill with a face value of KRW 40,00,000 on December 9, 2014, the payment bank Nong Bank Business Department, the due date, March 16, 2015, and an electronic bill with the payee as Defendant.

(hereinafter referred to as the “each electronic bill of this case”). B.

The Defendant endorsed and transferred each electronic bill of this case to the Plaintiff.

C. When an electronic bill, etc. issued by an issuer from the end of November 2014, was refused to be paid on the ground of non-transaction, the Plaintiff, as the final holder of each of the instant electronic bill, presented the payment proposal to a payment bank on December 26, 2014, but was refused to pay for each of the instant electronic bills on the grounds of non-transaction.

【Ground of recognition】 The fact that there is no dispute or no clear dispute, Gap evidence 1-1, 2-2-1, and 2-2, and the purport of the whole pleadings

2. Where it is anticipated that payment will be refused at maturity due to the issuer’s bankruptcy, suspension of payment, or other causes uncertain by the issuer’s own ability before maturity of the judgment on the cause of the claim (see Supreme Court Decision 2002Da62555, Mar. 14, 2003). According to the above recognition, the Plaintiff obtained the right of recourse against the Defendant, who is the endorser, by making a payment proposal prior to maturity.

The Plaintiff also sought payment of damages for delay from December 26, 2014, which is the date of presentment for payment of each electronic bill of this case, to the date of maturity, but there is no damages for delay for the amount of the bill before maturity. Thus, the Plaintiff’s assertion on this part is rejected.

Therefore, the Defendant, as an endorser of each electronic bill of this case, is the Plaintiff, the final holder of each of the above electronic bill of this case, in total of KRW 70,000,000 and KRW 30,000 among them.

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