[약속어음금][공1994.1.15.(960),181]
If a promissory note is presented for payment without any supplement to the issue date, the
If a payment is presented without supplementation of the column for the issuance date of promissory notes, which are legal entries under Article 75 of the Bills of Exchange and Promissory Notes Act, the right of recourse shall be lost due to the lack of legitimate presentation
Articles 43 and 75 of the Bills of Exchange and Promissory Notes Act
[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Han-sung, Attorneys Park Jae-young and 2 others, Counsel for plaintiff-appellant)
Plaintiff
Defendant
Seoul Civil District Court Decision 92Na42315 delivered on May 14, 1993
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
According to the reasoning of the judgment of the court below, the court below did not recognize the plaintiff's right of recourse against the defendant, who is the endorser of the court of first instance on the ground that the bill of this case was issued by Daewoo General Trade Co., Ltd. to the defendant and the bill of this case, for which the plaintiff presented a payment proposal at the place of payment and transferred by endorsement to the non-party, but upon the non-party's refusal of payment, the plaintiff exercised its right of recourse against the plaintiff's right to demand the payment of the bill of this case to the defendant. The bill of this case was issued without the necessary issue date, which is one of the necessary entries, and the above non-party's payment proposal date was not stated at the time of the presentation of payment and the payment proposal period was not stated in blank. The court below did not recognize the plaintiff's right of recourse against the defendant, who is the endorser of this case. The court below's decision is just because it did not err in the misapprehension of legal principles as to the right of recourse to the bill of this case, or it did not contain any supplementary legal principles as it.
Therefore, there is no reason to discuss.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jong-soo (Presiding Justice)