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(영문) 부산지방법원 2016.03.11 2015나7418

어음금

Text

1. Defendant B’s appeal is dismissed.

2. The costs of appeal shall be borne by Defendant B.

Purport of claim and appeal

1..

Reasons

1. The first instance court partly accepted the Plaintiff’s claim against the primary Defendant B, and dismissed the claim against the conjunctive Defendant C Co., Ltd., which only Defendant B filed an appeal.

If any of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the part of the claim against other co-litigants shall also be prevented, and they shall be subject to adjudication in the appellate court (see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 2011). The plaintiff's lawsuit in this case was brought to the purport that if the claim against the main defendant Eul is not accepted, the claim against the main defendant C Co., Ltd. shall be accepted, and thus, it shall be in a subjective and preliminary co-litigation relationship. Thus, even if only the main defendant Eul who lost in the first instance court appealed, the part of the claim against the main defendant C Co., Ltd. shall not be confirmed, and it shall be transferred

2. Facts of recognition;

A. On February 21, 2014, Defendant B issued D Promissory Notes (hereinafter “instant Promissory Notes”) with the face value “20 million won”, “the date of payment”, “the date of publication and payment,” respectively, “Seoul Metropolitan City”, “Clsan Bank’s annexed branches,” “Clsan Bank’s annexed branches,” “Clsan Bank’s book management,” and “Clsan Company’s book management,” respectively.

B. The Promissory Notes in this case was transferred in sequence by endorsement in blank, which exempted the filing of each payment refusal certificate, from the addressee Co., Ltd. to E and Il Metal Industries Co., Ltd., and the Samil Metal Industries Co., Ltd., on June 30, 2014, which was the due date of the Promissory Notes in Busan Bank, presented the payment of the Promissory Notes in this case at the Busan Bank’s Busan Bank’s Busan Bank’s Busan Bank’s Busan Bank’

C. On July 18, 2014, the Plaintiff was issued with the Promissory Notes, the endorsement of which is cancelled by the said Company, from the three-dimensional Metal Industry Co., Ltd.