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(영문) 창원지방법원 2018.10.12 2018가단9923
어음금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 71,730,000 and Defendant B from August 11, 2017 to July 12, 2018.

Reasons

1. Facts of recognition;

A. On December 27, 2016, Defendant B issued an electronic bill (bill No. D) with the face value of KRW 50,000,000, and the due date of payment on May 26, 2017, and Defendant C endorsed endorsed on the said bill.

B. On April 11, 2017, Defendant B issued an electronic bill (bill No. E) with the face value of KRW 21,730,000, and the due date of August 10, 2017, and Defendant C endorsed on the said bill.

C. The Plaintiff, as the holder of each of the above bills (hereinafter “each of the bills of this case”), proposed payment on each of the dates for payment, but refused payment due to non-transaction.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, Defendant B is the issuer of the Promissory Notes, and Defendant C is jointly and severally liable to pay the Plaintiff, who is the holder of each of the Promissory Notes, the amount of KRW 71,730,00 ( KRW 50,000,000, KRW 21,730,000) as an endorser of the Promissory Notes, and as sought by the Plaintiff, Defendant B from August 11, 2017 until July 12, 2018, the delivery date of the copy of the Promissory Notes, and Defendant C is liable to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act until July 16, 2018, which is the delivery date of the copy of the Promissory Notes, and from the next day to the day of full payment.

3. Conclusion, the plaintiff's claim of this case is justified.

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