대여금(시효연장)
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Basic Facts
E on March 24, 1994, on May 3, 1994, a promissory note with a face value of KRW 100 million (hereinafter “instant promissory note”) was issued to the Plaintiff.
On March 24, 1994, the co-defendant B, C, and the defendant of the first instance court made an endorsement in sequence on the Promissory Notes of this case, and a notary public made an endorsement on the purport that the compulsory execution based on the Promissory Notes of this case is recognized as an endorser, as a notary public, as the Daejeon General Law Firm No. 811.
E was unable to pay the amount of bills to the Plaintiff.
[Ground of recognition] without any dispute, entry of Gap's evidence No. 1, and the ground of claim as a whole, the defendant bears obligations under the Bills of Exchange and Promissory Notes Act, which shall respond to claims for redemption against the plaintiff who is the holder, in cases where payment of promissory notes has been refused as an endorser of a promissory note.
Furthermore, we examine whether the defendant can be deemed to have guaranteed the civil liability of the plaintiff E with respect to the borrowed money.
There was awareness that the purpose of the use of a promissory note is to secure the obligations of a particular person against the endorser of a promissory note.
However, it is difficult to conclude that a civil guarantee agreement is established between the endorser of a promissory note and the creditor, apart from the fact that such a fact may be one of the active factors in recognizing that the endorser of a promissory note had the intent to bear a guarantee obligation under the civil law.
Furthermore, from the standpoint of creditors, there was an intent to demand the endorser even if the obligee bears the civil guarantee obligation for the obligation which is the cause of endorsement, and the endorser also endorsed in response to the obligee’s intent and obligation, which is not a credit granted to the obligee in the form that the endorser simply bears the duty of repayment under the Bills of Exchange and Promissory Notes Act.