어음금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. The defendants are combined.
1. Basic facts
A. On October 5, 2016, G Co., Ltd. issued and transmitted electronic bills (hereinafter “instant bills”) at face value of KRW 500 million to Defendant C Co., Ltd. (hereinafter “C”) and due date of January 31, 2017; and Defendant C received them.
B. On October 12, 2016, Defendant C made an endorsement and transfer of the part of KRW 75 million out of the instant bill to Defendant D Limited Company (hereinafter “D”). Defendant D made an endorsement and transfer to H on the same day, H on October 13, 2016, Defendant E Co., Ltd., Defendant F on October 14, 2016, and Defendant F on the same day each of the instant bills to the Plaintiff.
C. The Plaintiff, as the final holder of the Promissory Notes, presented a payment proposal by electronic means on January 31, 2017, which was the date of the payment of the Promissory Notes, but was rejected as a cause of non-payment by an electronic document for non-payment, as stipulated under Article 12(1) of the Issuance and Distribution of Electronic Bills Act.
(E) An electronic document of non-payment shall be deemed a notarial deed under Article 44(1) of the Bills of Exchange and Promissory Notes Act after obtaining confirmation from the electronic bill management agency.
On June 9, 2017, the Plaintiff entered into an asset acquisition agreement with J Co., Ltd. on a certain amount of loan claims, such as the instant bill deposit, against Defendant F, and all security rights thereto. On June 29, 2017, the Plaintiff entered into an asset acquisition agreement with J Co., Ltd. and with the Intervenor succeeding to the Plaintiff, under which the rights and obligations acquired by J Co., Ltd. are transferred to the Intervenor succeeding to the Plaintiff.
After registering an asset-backed securitization plan, such as transfer of securitization assets, to the Financial Supervisory Service, the Plaintiff notified Defendant F of the transfer of claims on July 3, 2017, and the notification reached the above Defendant around that time.
E. The subsequent intervenor succeeding to the plaintiff in the lawsuit of this case.