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(영문) 서울중앙지방법원 2019.08.28 2018가단5093645

수표금

Text

1. The Defendant’s KRW 37,00,000 as well as the Plaintiff’s annual rate of KRW 6% from December 22, 2017 to April 10, 2018.

Reasons

1. Facts of recognition;

A. The Defendant issued 37 copies of the check of this case’s KRW 1 million at par value, issuance date on December 20, 2017, and 37 copies of the check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case

(2) On December 20, 2017, at around 18:37, the Plaintiff received 20 copies of the instant check from G, a resident of the Republic of Korea, and 17 copies (number E-J) of the instant check from G, a resident of the Republic of Korea, around 19:14 on the same day.

(3) On December 22, 2017, the Plaintiff presented the instant check to the Defendant, but the Defendant rejected the payment on the ground that the Intervenor filed an accident report on the grounds of theft and loss.

B. A judgment of nullification and revocation (1) on December 26, 2017, the Defendant joining the Defendant applied for a public summons on the instant check as Seoul Southern District Court 2017KaGong261, and the said court rendered a judgment of nullification on April 30, 2018, the person who reported his/her right after having made a public summons on January 1, 2018.

(2) Since then, the Plaintiff filed a lawsuit of dissatisfaction against the above nullification judgment as Seoul Southern District Court Decision 2018Da230315, and the above court rendered a judgment dismissing the application for nullification judgment on December 22, 2017 on the grounds that on May 14, 2019, the Defendant joining the Defendant was aware that the Plaintiff was in possession of the instant checks prior to the above application for public summons, and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap 1 to 9 evidence, Eul 1 to 3 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant, as the drawer of the instant check, is obligated to pay the amount of KRW 37 million and delay damages to the Plaintiff, who is the holder, unless there are special circumstances.

B. The Intervenor joining the Defendant is on the instant check.