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(영문) 대구지방법원 2018.07.12 2017나306615

어음금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 15, 2016, the Plaintiff issued three copies of an electronic bill, such as the issuance of one electronic bill at face value 43,550,348, at face value, to the Defendant. The Defendant endorsed three copies of the electronic bill, respectively, and transferred them to the Plaintiff.

(hereinafter referred to as "each electronic bill in the separate sheet" is referred to as "each of the bills in this case" and "each of the bills in this case" when referred to together as "each of the bills in this case").

The Plaintiff made a lawful presentation for payment of each of the instant bills in accordance with the Act on the Issuance and Distribution of Electronic Bills prior to the maturity date of the electronic bill. However, each of the instant bills, including the refusal of payment on October 31, 2016, was treated in default.

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

2. According to the above facts finding as to the cause of the claim, the defendant, who is an endorser of each of the bills of this case, is obligated to pay to the plaintiff, who is the last holder of the bill of this case total par value of KRW 117,483,135 and delay damages from the day following the due date of each of the bills of this case to the day of full payment.

3. Judgment on the defendant's assertion

A. As to the assertion of hidden delegation of collection, the Defendant’s endorsement and delivery of each of the instant bills to the Plaintiff constitutes a hidden endorsement of collection delegation, and thus, it is not permissible for the Plaintiff to claim the payment of each of the instant bills to the Defendant, but there is no evidence to prove this.

Rather, according to the statements in the evidence Nos. 1 through 4, 6, and 7 (including the serial number), and the testimony by the witness B of the party trial, the fact that the money for which the Plaintiff was presented to pay each of the instant bills is recognized as having been expected to be attributed to the Plaintiff instead of returning it to the Defendant. Therefore, the Defendant’s endorsement and delivery of each of the instant bills to the Plaintiff.