beta
(영문) 서울남부지방법원 2020.02.06 2019나55680

어음금

Text

1. The plaintiff's rehabilitation debtor B, upon a claim for a change in exchange at the trial.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) issued to C (D Company) a promissory note (E; hereinafter “instant note”) with the issuer B, the payee D Company, the par value of KRW 50,000,000, the due date on May 30, 2018, Seoul, the place of payment, the F Bank credit points in the F Bank, the place of payment, the issue date of the Promissory note (E; hereinafter “instant note”).

B. C endorsed and transferred the instant bill to G, and G endorsed and transferred the instant bill to the Plaintiff.

C. On May 30, 2018, the instant bill was presented for payment without filling the issue date at the place of payment, but its payment was refused on the ground of B’s accident report (non-performance of contract).

The Plaintiff, as the final holder of the Promissory Notes, submitted a supplementary documentary evidence stating that “ August 24, 2017,” was “the date of issuance of the Promissory Notes,” and the said documentary evidence was served to B on September 12, 2019.

E. B received a decision of commencement of rehabilitation proceedings on July 5, 2019 upon filing an application for simplified rehabilitation during the instant lawsuit’s continuation (Korean Government District Court 2019Nu502), and H deemed the custodian at the time of the decision of commencement of rehabilitation proceedings as a representative at the time of the said decision of commencement of rehabilitation proceedings, and taken over the instant litigation proceedings.

Section B and the above Administrator H are not classified and "Defendant".

(f) In the above rehabilitation procedure, the Plaintiff reported the amount of KRW 50,00,000 to the Defendant as rehabilitation claim and the interest of KRW 8,198,630 until the date of the decision on commencing the rehabilitation procedure, but the Defendant raised an objection to the whole amount of the claim. [Grounds for recognition] The Defendant did not dispute over the issue, Gap evidence 1 and 12 (which includes a serial number; hereinafter the same shall apply)

and form of evidence Nos. B 1, 2, 16, and 17, and the purport of the whole pleading

2. The Defendant’s judgment on the defense prior to the merits was made on the grounds that the Plaintiff received endorsement and transfer of the instant bill from G for the purpose of litigation, and accordingly, the Plaintiff’s filing of the instant lawsuit constitutes a litigation trust and thus, is unlawful.

l.p. g., p.