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(영문) 서울서부지방법원 2016.10.13 2014가단49633

약속어음금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On February 27, 2014, the summary of the Plaintiff’s assertion: (a) Nonparty C Co., Ltd. (hereinafter “C”) duly issued the bill number E, face value 75,136,336, and the due date, August 17, 2014; and (b) D delegated the power of endorsement by the Defendant to the Promissory Notes (hereinafter “instant Promissory Notes”) located at the seat of the Seoul Industrial Bank of Korea (hereinafter “the Bank of Korea”); (c) subsequently, the Plaintiff and Nonparty Hyundai Heavy Industries Co., Ltd. (hereinafter “former Heavy Industries”) continuously presented a lawful payment proposal within the due date, but (d) the Plaintiff, an intermediate endorsement, refused to pay the Promissory Notes.

Therefore, the Defendant is liable to pay the face value of the Promissory Notes to the Plaintiff, who is the holder of the Promissory Notes.

Even if D did not have the right to endorsement under the name of the defendant, ① opened a passbook in the name of the defendant and managed the money from the defendant to a hundred billion won in several years under the name of the defendant, as shown by the defendant, and the plaintiff believed the above appearance and received the bill of this case. Thus, the defendant bears the responsibility for expression representation at least.

② In addition, around May 23, 2014, F, the Defendant’s representative, promised to the Plaintiff’s intra-company director G to “be paid the instant bill by October 31, 2014,” thereby ratified D’s act of unauthorized Representation.

③ The Defendant, who is the same position as the Plaintiff, paid KRW 91,520,00 of the Promissory Notes to the YYYYYYYYYYYYYYYYYYYY, and is liable to pay the amount

④ Since the Defendant permitted D to conduct business using the name of the Defendant, it is obligated to pay the instant bill to the Plaintiff as the nominal lender pursuant to Article 24 of the Commercial Act.

B. Whether the defendant is liable as the 1 endorser of the judgment, the defendant of the bill of this case.

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