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(영문) 인천지방법원 2016.05.04 2015나15313

어음금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 29, 2002, New World Foreign Co., Ltd. issued Promissory Notes (hereinafter “instant Promissory Notes”) with C, face value as KRW 6,820,00, and due date as of November 25, 2002.

B. C endorsed and transferred the Promissory Notes to the Defendant, and thereafter, the Promissory Notes was endorsed and transferred in sequence to the Plaintiff, D, and Dongbu Mutual Savings Banks.

(Formation of Protest for non-payment was exempted respectively).

The Dongbu Mutual Savings Bank had lawfully presented the bill of this case at the date of payment but was refused to pay it.

The plaintiff is currently holding the bill of this case after recovering it from D, as Dongbu Mutual Savings Bank and D exercise their right of recourse or right of recourse in sequence.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 6,820,000 in face value as an endorser of the bill of this case, and delay damages therefrom, except in extenuating circumstances.

B. (1) The defendant asserted that the statute of limitations has not been expired since he/she applied for the payment order of this case after six months from the date when the plaintiff recovered the bill of this case, and that the payment order of this case was expired, and thus, he/she cannot comply with the plaintiff's claim. Accordingly, the plaintiff's claim is asserted that the statute of limitations has not been expired since he/she paid the bill of this case to D on October 2014, when he/she paid the bill in a lump sum because it is difficult for the plaintiff to make it difficult for him/her to pay it in a lump sum, and he/she recovered the bill of this case and applied for the payment order of this case on March 6, 2015, within six months thereafter.

(2) Pursuant to Articles 77(1)8 and 70(1) of the Bills of Exchange and Promissory Notes Act, a bill bond against the issuer of a promissory note shall be issued.