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(영문) 서울서부지방법원 2015.06.24 2014가단40360

약속어음금

Text

1. The Defendant’s KRW 66,700,000 as well as 6% per annum from September 21, 2014 to October 21, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. D acquired the Defendant’s management right and took office as the Defendant’s representative director on April 7, 2014.

E and F are siblings, and E were retired from office as the head of the defendant's headquarters from office to July 14, 2014, and F retired from office from office as the head of the defendant's production department from D's office to July 14, 2014.

B. Around May 14, 2014, F requires the Plaintiff to pay the Defendant’s operating funds. ① The issuer, Defendant, May 12, 2014, the issue date of which was 38,90,000 won at par value, recipient blank, and due date of September 20, 2014, one promissory note (bill number G): (i) the issuer, Defendant, and the date of issuance; (ii) the issuer; (iii) the issuer; (iv) the issuer; (iv) the issuer; (v) the issuer; (v) the receiver; (v) the receiver; (v) the receiver; (v) the receiver; and (v) the date of payment; (v) August 15, 2014; and (v) the Bank of Korea’s Seobsory Notes branch at the place of payment (hereinafter collectively collectively referred to as “instant Promissory Notes”); and (v) the Defendant requested the F to pay KRW 100,504,000; and (v) the bill, 20014.100

C. After that, the Plaintiff: (a) made a first endorsement without filling the payee in the Promissory Notes; and (b) transferred the Promissory Notes to I and J; and (c) I and J made a second endorsement without filling the payee in the Promissory Notes; and (b) made a payment proposal at each payment date through a bank, but the said Promissory Notes was rejected on the ground that the said return was received.

Accordingly, the Plaintiff is in possession of the Promissory Notes in this case after recovering them and supplementing the addressee’s column.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, 6 through 9, and the purport of the whole pleadings

2. Determination

A. According to the above determination on the cause of the claim, the defendant is the issuer of the Promissory Notes in this case, and barring any other special circumstance, the sum of the amount of the Promissory Notes 66.7 million won and the date of the payment.