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(영문) 의정부지방법원 2016.08.19 2015가단121652

어음금

Text

1. Defendant D’s KRW 88,695,800 for Plaintiff A and 6% per annum from November 19, 2014 to August 19, 2016.

Reasons

1. Basic facts

A. Plaintiff B entered into a contract with Plaintiff E (hereinafter “E”) and entered into a pathology breeding consignment agreement, and Plaintiff A entered the Plaintiff’s father relationship with Plaintiff B, and Defendant D entered the Plaintiff in around 2007 to manage pathology raising, and Defendant C retired from around December 2014, and Defendant C is the leakage of Defendant D.

B. Defendant D received a discount from the Plaintiffs each of the Promissory Notes, which is exempt from the preparation of a protest, indicated in the separate sheet No. 1 and 3 (hereinafter “instant Promissory Notes”) among them in the separate sheet No. 1 and 3, and transferred the Promissory Notes No. 2 (hereinafter “instant Promissory Notes No. 3”) to the Plaintiffs by stating the address, resident registration number, and name of the Defendant C. As to the Promissory Notes No. 2 (hereinafter “instant Promissory Notes No. 2”), the endorsement was made in its name and transferred

C. The Plaintiff A deposited each amount at the discount of the Promissory Notes Nos. 1 and 3 into the National Bank Account of Defendant C, with the amount discounted by Defendant C’s discount of the Promissory Notes, respectively.

Since then, although the Plaintiffs proposed the payment of each of the Promissory Notes in this case at the place of payment on November 11, 2014, the payment was refused on the ground of non-transaction, and the Plaintiffs currently hold each of the Promissory Notes in this case.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5 to 6, and the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. The plaintiffs' assertion ① granted to Defendant D, who is his agent, the right of representation for endorsement of the Promissory Notes Nos. 1 and 3 of this case, and thus, Defendant D legitimately endorsed on behalf of Defendant C on the Promissory Notes Nos. 1 and 3 of this case on behalf of Defendant C, or ② In the event that Defendant D does not have a legitimate right of representation, Defendant C bears the responsibility for the Promissory Notes of this case endorsed under his name, and ③ Defendant D has endorsed it on the Promissory Notes Nos. 1 and 3 of this case under Defendant C’s name.