어음금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The allegations and judgment of the parties
A. The plaintiff's arguments are as shown in the annexed sheet of claims.
B. 1) In order for the holder to exercise his right of recourse against the endorser, the holder of a promissory note must be deemed to have presented a lawful payment under a promissory note stating the statutory particulars as stipulated in Article 75 of the Bills of Exchange and Promissory Notes Act, but refused to pay. The payment under a promissory note stating some of the above mentioned items shall not be effective as a lawful payment presentation unless remedy is provided pursuant to Article 76 of the Bills of Exchange and Promissory Notes Act (see, e.g., Supreme Court Decision 91Da42579, Feb. 28, 1992). In such a case, the instant promissory note submitted by the Plaintiff shall not exercise his right of recourse (see, e.g., Supreme Court Decision 91Da42579, Feb. 28, 1992).
3. As long as the Plaintiff lost its right of recourse against the endorser, the claim against the Defendant of the second endorser cannot be accepted.
2. Conclusion, we cannot accept the Plaintiff’s claim for this reason.