beta
(영문) 서울중앙지방법원 2016.02.02 2014가단244174

수표금등

Text

1. The Plaintiff:

A. The 130,000,000 won for Defendant Limited Partnership Company and the full payment therefor shall be made from August 1, 2014.

Reasons

1. Facts of recognition;

A. On June 30, 2014, the representative director B of Non-Party A Co., Ltd. (hereinafter “Non-Party A”) issued and delivered a copy of the number of units per share in the name of the Non-Party Co., Ltd. (hereinafter “the instant check”) stating the date of payment as June 30, 2014, and the place of payment as Nonghyup Bank (hereinafter “Non-Party Co., Ltd.”) to the Defendant Lifeline Construction Co., Ltd. (hereinafter “Defendant Lifeline Construction”).

B. On the check of this case, the check of this case is the last holder of the check of this case, which was endorsed in sequence by the Defendant, the Defendant’s prestigious Construction During the construction, the Defendant’s limited partnership (hereinafter “Defendant’s bank-up”), Nonparty C, and D.

C. The Plaintiff presented the instant check at the place of payment on July 2, 2014, which was within the time limit for the presentation of payment, but was denied on the ground of non-transaction.

The amount of face value of the instant check was KRW 25 million at the time of endorsement on the instant check, and at the time of endorsement on the instant check by Defendant Qupup, the face value of the instant check was KRW 130 million, and the amount of the check was KRW 30 million at the time of the Plaintiff’s acquisition of the instant check.

[Judgment of the court below] Facts without dispute, Gap 1-1 and 1-2, witness Eul's partial testimony, and the purport of the whole pleadings

2. Determination:

A. According to the above findings of recognition as to the cause of the claim, the Defendants, who are the endorsers of the instant check, together with the Defendants, are liable to repay the check amount within the limit of the effective par value at the time of endorsement by each of the parties, to the Plaintiff, who is the final holder of the instant check.

B. The Defendants’ assertion against the Defendants: (a) received the instant check from B, the representative of the non-party company, and presented it to the customer after endorsement; and (b) requested B to cancel the endorsement while returning the instant check; (c) however, B made a request for the cancellation of the endorsement.