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(영문) 서울동부지방법원 2015.07.02 2014가단44070

약속어음금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 28, 1997, the Defendant issued the following promissory notes to the Plaintiff.

1. Recipient: Plaintiff 2: The date of payment for the bill: 4th day of July 28, 1997: The date of payment: (a) December 1, 1998; (b) on July 22, 2009, the Plaintiff was sentenced to a judgment of nullification that declares the invalidity of the bill at the Seoul Eastern District Court (2009KaGong258); (b) on July 22, 2009, the Plaintiff was sentenced to a judgment of nullification that declares the invalidity of the bill. 【No dispute over the grounds of recognition, Party 1, 2, and the purport of the entire pleadings.

2. The assertion and judgment

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 200,000,000 and delay damages.

B. As to this, the defendant asserts that the above claim for the bill has expired after the completion of the three-year prescription from the above payment date.

The fact that the due date for payment of the above bill of exchange was December 1, 1998 is as seen earlier, and it is apparent in the record that the Plaintiff’s lawsuit in this case was filed on September 4, 2014 after the lapse of three years thereafter. Thus, the above bill of exchange had already expired prior to the filing of the lawsuit in this case.

Therefore, the defendant's defense is justified.

3. According to the conclusion, the plaintiff's claim of this case is without merit.