Debts must be repaid—it is only right and proper.

1. https://judgment.judicial.gov.tw/LAW_Mobile_FJUD/FJUD/data.aspx?ty=JD&id=CHDV%2c113%2c%e5%8f%b8%e7%a5%a8%2c382%2c20240325%2c1&ot=in

Taiwan Changhua District Court Summary Division Civil Ruling

Case No. 113 Si-Piao No. 382

Applicant: Wending International Co., Ltd.

Legal Representative: Wu Lun-Yen

Respondent: Mingyue International Health Technology Co., Ltd.

Legal Representative: Wu Shu-Yao

In the matter of the above parties’ application for a ruling on a promissory note, this Court rules as follows:

Main Text

The respondent shall pay the applicant NT$300,000,000, as stated in the promissory note issued on March 17, 2023 (ROC Year 112), together with interest calculated at an annual rate of 6% from March 18, 2024 (ROC Year 113) until the date of repayment. Compulsory execution is permitted.

The application procedure fee of NT$5,000 shall be borne by the respondent.

Reasons

I. The substance of the applicant’s application is as follows: The applicant holds a promissory note issued by the respondent on March 17, 2023 (ROC Year 112), waiving the requirement to make a protest (Note No. TH0000000), stating an amount of NT$300,000,000, with no maturity date specified. However, when presented on March 17, 2024 (ROC Year 113), the amount and interest stated in the Main Text remained unpaid. The applicant therefore submitted the promissory note and applied for a ruling permitting compulsory execution.

II. This application conforms to Article 123 of the Negotiable Instruments Act and should be granted.

III. Pursuant to Paragraph 2 of Article 21 of the Non-Contentious Matters Act and Article 78 of the Code of Civil Procedure, the ruling is as stated in the Main Text.

IV. If dissatisfied with this ruling, an interlocutory appeal shall be filed with this Court within 10 days after service of the ruling (a transcript must be attached), together with payment of an appeal fee of NT$1,000. If the drawer claims that the promissory note was forged or altered, the drawer may, within 20 days after service of this ruling, separately file an action for confirmation against the holder with this Court. If the drawer has filed an action for confirmation, the drawer may apply to the court to stay execution pursuant to Article 195 of the Non-Contentious Matters Act.

Republic of China 113, March 25

Judicial Affairs Officer of the Summary Division: Chien Hao-Chih

Note: The applicant must, within 5 days, report other possible addresses for service on the respondent, so as to avoid invalidity due to improper service.

2. https://m.tianyancha.com/proclamation?id=4ozzmo97m1775ce72a2dda1a3l51md99&name=%E7%AB%8B%E5%92%8C%EF%BC%88%E6%BC%B3%E5%B7%9E%EF%BC%89%E5%AE%9E%E4%B8%9A%E6%9C%89%E9%99%90%E5%85%AC%E5%8F%B8&gid=undefined

Nature of case

Dispute over a financial loan contract

Case number

(2024) Min 0602 Min Chu No. 2725

Prosecutor/Plaintiff/Appellant/Applicant

Industrial Bank Co., Ltd., Zhangzhou Branch

Defendant/Respondent/Appellee/Respondent in the application

Lihe (Zhangzhou) Industrial Co., Ltd.,

Wang Xuanzhen,

Wu Shu-Yao

Hearing time

2024-07-02 09:00

Scheduled date

-

Parties

Industrial Bank Co., Ltd., Zhangzhou Branch,

Lihe (Zhangzhou) Industrial Co., Ltd.,

Division handling the case

-

Presiding judge/Trial judge

-

Court

People’s Court of Xiangcheng District, Zhangzhou City

Courtroom

Vendors’ self-rescue association