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(영문) 서울남부지방법원 2017.04.14 2016가단31507
약속어음금
Text

1. The Defendants jointly combine the Plaintiff with KRW 35,00,000, and 6% per annum from August 1, 2016 to April 14, 2017.

Reasons

1. Facts of recognition;

A. On March 30, 2016, Defendant Bosto Ri Co., Ltd. (hereinafter “Defendant Bosto Ri”) issued a copy of an electronic bill (hereinafter “instant bill”) at the face value of KRW 35,000,000, and on July 31, 2016, as Defendant Bosto Ri Co., Ltd. (hereinafter “Defendant Bosto Ri”) as the addressee.

B. On March 31, 2016, Defendant Boh Life Health and the Defendant Mexicoex Co., Ltd. (hereinafter “Defendant Mexico”), were finally endorsed and transferred to the instant bill in sequence, and the Plaintiff was finally possessed by the Plaintiff.

C. The Plaintiff presented the bill of this case at the place of payment on the payment date, but rejected the payment.

[Grounds for recognition] Each entry of Gap evidence Nos. 5 through 7 and the purport of the whole pleadings.

2. Determination:

A. According to the facts of the determination as to the cause of the claim, Defendant Bo Young-gu is the issuer of the Promissory Notes, and Defendant Bo Young-gu is liable to pay to the Plaintiff the amount of KRW 35,000,000,000 as the respective endorsers of the Promissory Notes, and to pay the Plaintiff damages for delay at the rate of 15% per annum as prescribed by the Bills of Exchange and Promissory Notes Act, from August 1, 2016 to April 14, 2017, the date following the date of the decision, as the Plaintiff seeks from August 14, 2017, and from the next day to the date of full payment.

B. As to the assertion of Defendant Gender Equality and Bostol and Bostol’s health, both Defendant Gender Equality and Bostol’s health interpreted and transferred the bill of this case as the price for the goods, but they failed to be supplied with the goods as agreed by each other (Defendant Bostol and Defendant Mexico). Thus, the Plaintiff cannot respond to the Plaintiff’s claim unless there is any obligation to pay for the goods.

According to the provisions of Articles 77 and 17 of the Bill of Exchange and Promissory Notes Act, the person who received a claim with a promissory note shall be the person against the previous holder.

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