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(영문) 대구지방법원 2020.11.04 2019나8267

물품대금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition as follows.

In addition, at the time of March 25, 2018, E had self-sufficiency, which was the due date for the payment of the Promissory Notes in this case, but thereafter, E became insolvent.

In addition, the plaintiff knew or could have known that the E's self-sufficiency will worsen at the time of the payment.

Therefore, the plaintiff is liable for damages to the defendant due to the failure to meet the obligation to preserve the right of recourse, and the defendant is offset against the above damage claim.

Judgment

Even if the right of recourse is not preserved due to the failure of the obligee to lawfully present the bill at the due date for payment, as long as the drawer, who is the primary debtor of the promissory note, is able to obtain satisfaction of his own claim by exercising the obligee’s right of recourse to the bill or the underlying claim against the drawer, so long as the obligee, who is the primary debtor of the promissory note, is able to obtain satisfaction of his own claim, no loss occurs, and even if the obligee is unable to obtain satisfaction of the obligee’s right of recourse to the bill and the underlying claim, even if the obligee is unable to obtain satisfaction of the obligee’s obligation, due to the aggravation of the obligee’s financial ability after the due date for payment, even if the obligor is unable to obtain satisfaction of the obligee’s obligation due to the aggravation of the issuer’s financial ability. Such loss is a special loss due to the special reason that the obligee, who is the primary debtor of the promissory note, has known or could have known at the due date for payment

(See Supreme Court Decision 93Da12213 delivered on October 13, 1995, etc.). The evidence submitted by the Defendant alone is self-sufficient.