[약속어음금][집10(1)민,213]
An endorsement after the drawing up of a protest for payment of a promissory note or after the lapse of the period for drawing up the protest.
An endorsement after the drawing up of the protest for non-payment or after the lapse of the period set up of the protest for non-payment, means that the drawer may set up against the holder for reasons which can set up against the endorser on the validity of the non-payment assignment and that it does not mean that the procedure for assignment under the Civil
Articles 77 and the proviso of Article 20(1) of the Criminal Act
Kim Jong-gu
Kim Hong-gi et al.
Seoul High Court Decision 61No275 delivered on August 8, 1961, 200
The original judgment shall be reversed.
The case shall be remanded to the Gwangju High Court.
The grounds for the appeal by the plaintiff's attorney are as shown in the statement of grounds for appeal which is written at the end of this judgment.
I think, the endorsement after the maturity of the bill of this case has the same effect as the endorsement before maturity, and the endorsement after the maturity of the protest or the endorsement after the expiration of the period for the protest of this case has the effect of transferring the right of recourse, and the endorsement after the expiration of the period for the protest of this case can be set up against the endorser because of the validity of assignment of nominative claim under the Civil Act, and it is reasonable to interpret that it does not require the procedure for assignment of nominative claim under the Civil Act or lose rights or rights under the bill of this case. According to the reasoning of the judgment of the court below, the court below did not err in the misapprehension of legal principles as to the assignment of the bill of this case, since the endorsement was after the expiration of the period for the protest of this case, and the endorsement was exempted from the obligation for the protest of this case and transferred it to the plaintiff. It did not err in the misapprehension of legal principles as to the assignment of nominative claim after the expiration of the period for the protest of this case.
Therefore, the judgment of the court below is reversed and the case is remanded to the Gwangju High Court for further proceedings. It is so decided as per Disposition by the assent of all participating Justices on the bench.
The judge of the Supreme Court (Presiding Judge) of the Red Magsan (Presiding Judge) of the Republic of Korea is a Mag-bunbun Mag-man