어음금
1. The Defendants together with the Plaintiff KRW 25,000,000, and with regard thereto, the Defendant Dosan Plus Co., Ltd.
1. The facts acknowledged are: (a) on April 11, 2016, the Defendant Dosan Plus Co., Ltd. (hereinafter “Defendant Dosan Plus Co., Ltd”) issued a promissory note (hereinafter “instant Promissory note”) with a face value of KRW 25 million and the due date of May 26, 2016; and (b) on April 11, 2016, the Defendant Domins Co., Ltd. (hereinafter “Defendant Domins”) issued the Promissory Notes Co., Ltd., Ltd. (hereinafter “Defendant Domins”) with a endorsement on the instant Promissory Notes Co., Ltd., Ltd. (hereinafter “Defendant Domins”) and transferred it to the Plaintiff by endorsement on April 11, 2016.
On April 14, 2016, the Plaintiff exempted the preparation of a protest and transferred it to A by endorsement on the bill of this case.
A presented the payment of the Promissory Notes at the place of payment, but the payment was refused on the ground of misappropriation. Accordingly, on May 27, 2016, the Plaintiff repaid KRW 25 million to A as an endorser of the Promissory Notes.
The Plaintiff notified the Defendants of the refusal and redemption of the Promissory Notes immediately after the aforementioned redemption.
[Ground of recognition] Unsatisfy, Gap 1-3 evidence, the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the bill of this case was normally issued but refused to pay, and since the Plaintiff repaid the bill to the last holder, the Plaintiff is obligated to jointly pay the Plaintiff, who is the holder of the bill of this case, the amount of KRW 25 million and the legal interest and delay damages.
B. As to the claim by the Defendant Dosan Food, Defendant Dasan issued the instant bill with the grain price, but did not receive grain from the Defendant Dosan Food, and thus did not receive the amount corresponding to the instant bill. Thus, the Plaintiff’s claim cannot be complied with.
However, the issuer of a promissory note shall, however, be.