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(영문) 광주지방법원 2019.01.18 2018가단519385

어음금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant established and operated C Co., Ltd. (hereinafter “C”) around May 2013.

B. On June 2014, the Defendant issued and delivered a blank promissory note bearing the Defendant’s seal impression in the issuer column (hereinafter “instant blank note”) to the ELLC, a Chinese company, through D, the representative director of the Plaintiff, (hereinafter “Nonindicted Company”) in order to secure the obligation arising from the transaction with C and the Nonparty Company.

On the other hand, the defendant issued and delivered a blank promissory note in the name of C separately to the non-party company in addition to the blank note in this case.

C. On May 31, 2016, Nonparty Company supplemented “89,317,096 won” in the blank bill column, “89,317,096 won” on the issue date column, “ May 20, 2014” on the payment date column, “Seoul Metropolitan City” on May 31, 2016, “Seoul Metropolitan City” on the payment date column, and “Seoul-do Pyeongtaek-si in the place column for issuance.”

On June 8, 2016, Nonparty Company: (a) exempted the Plaintiff from drawing up a certificate of non-payment of the blank bill of this case supplemented; (b) endorsed and transferred the blank bill of this case; and (c) possessed by the Plaintiff.

[Based on recognition] Evidence No. 1, Eul No. 3 (including branch numbers for those with additional numbers; hereinafter the same) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff 1’s assertion that the blank bill of this case was issued in order to secure all the obligations of the Defendant and the Nonparty Company C, such as the Defendant’s obligation to pay for estimated import of the Defendant’s company in the past and the obligation to pay for estimated import of the Nonparty Company C in the future. The amount of the obligation is the same year from January 12, 2013 in the name of the Defendant Company F.

3. 2. The same year out of the remainder of the proceeds that remains while importing an order from the non-party company until February.

4. US$ 46,200 that confirms that the Defendant is liable for payment (5,005,720 Won conversion) and ② The Defendant is a non-party company separate from F Co., Ltd.