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(영문) 서울중앙지방법원 2015.01.13 2014가단136488

수표금

Text

1. The Defendants jointly combine with the Plaintiff KRW 50,000,000, as well as 6% per annum from May 28, 2014 to August 20, 2014.

Reasons

1. Facts of recognition;

A. Defendant U.S. Co., Ltd. issued a check number C, face value 50 million won, 45-18, the publishing date, August 14, 2014, and the opticalized point of a new bank, a new bank, a new bank, the place of payment, with the name and seal affixed to one copy of the check number (hereinafter “instant check number”).

B. Defendant A and Defendant B signed and sealed their names on the back of the instant check of shares.

C. D received the instant shares check from Defendant B, endorsed it, and delivered it to the Plaintiff.

On May 28, 2014, the date of payment proposal, the Plaintiff presented the instant check of shares to the Youngyang Agricultural Branch.

E. On May 29, 2014, the Youngchip Branch rejected payment of the check of this case by inserting the phrase “to refuse payment on behalf of a new bank which is the drawee on the ground of the receipt, etc. of an accident report” on the back of the check of this case.

F. The Plaintiff currently holds the current number of shares of this case.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading

2. Determination

A. According to the above facts, Defendant U.S.C. is an issuer, and Defendant A and Defendant B, as each endorser, are obligated to pay damages for delay at each rate of 50 million won in check amount and 6% per annum as stipulated in the Check Act from May 28, 2014 to August 20, 2014, the date of presentment for payment, which is the date of the last delivery of the copy of the instant complaint, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.

B. Determination as to each of the allegations by Defendant B (1) The Defendant did not directly deliver the instant shares to the Plaintiff, and the instant shares are endorsed.