어음금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
In full view of the entries, entries, and arguments, Gap 1's future stand L&C issued one promissory note (hereinafter "the Promissory note in this case") at the face value of KRW 34 million, and on December 22, 2014, the date of issuance and recipient's blanks, Busan City, and the Bank of Korea at the place of payment, and one promissory note (hereinafter "the Promissory note in this case"), which is located at the Industrial Bank of Korea at the place of payment. The Promissory Notes Co., Ltd. (E) with the first and second priority, and the second priority of Defendant C, C, and C, and 5, the plaintiff successively endorsed the Promissory Notes in order. At present, the plaintiff held the Promissory Notes in this case, and the plaintiff presented the Promissory Notes at the place of payment on December 22, 2014.
Plaintiff’s assertion
The Plaintiff asserts that the Plaintiff is the holder of the Promissory Notes lawfully acquired the Promissory Notes through the series of endorsementss, and that the Defendants, as long as the payment was presented within the period for presentment, are liable to pay the Promissory Notes amounting to KRW 34 million in combination with the Plaintiff as the endorser of the Promissory Notes.
Judgment
In order for the holder of a bill to exercise his right of recourse against the endorser, payment shall be refused on the date of maturity or maturity even if the bill “legal presentation of payment” was made within the second transaction day, and “legal presentation of payment” means the presentation of the bill within the time limit for presentment, and “completiond bill” means a bill which satisfies all the requisite descriptions of the bill as stipulated in the requirements for the bill.
However, Article 75 (5) of the Bills of Exchange and Promissory Notes Act provides that an addressee (the recipient) shall be stated in a bill, and the main sentence of Article 76 (1) of the Bills of Exchange and Promissory Notes Act provides that securities that do not state the matters under the subparagraphs of Article 75 (1) shall be invalid, so long as the bill is not in force, the addressee shall be in blank, i.