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(영문) 서울중앙지방법원 2016.01.21 2014가단5072084

어음금

Text

1. The Defendant’s KRW 69,000,000 and its related amount are 6% per annum from March 25, 2013 to January 21, 2016 to the Plaintiff.

Reasons

1. On November 1, 2012, DB World Co., Ltd. (hereinafter “DB”) issued, and delivered to the Defendant, a promissory note number B, the Bank of Korea (hereinafter “instant Promissory note”) at the place of payment, located at the Bank of Korea, with the face value of KRW 78,000,000,000, and the due date on March 25, 2013.

The Defendant endorsed and transferred the Promissory Notes to C, and C endorsed and transferred the Promissory Notes to the Plaintiff.

(1) On November 1, 2012, the Plaintiff issued a discount to D’s representative C of the bill of this case. On March 25, 2013, the date of the payment of the bill of this case, the Plaintiff presented the payment proposal, but was refused payment on the ground of D’s non-transaction, and the Plaintiff currently holds the bill of this case.

【Ground of recognition】 The fact that there is no dispute, A1, 2, 3, and the purport of the whole pleading

2. Determination

A. According to the above facts of recognition as to the cause of claim, the Defendant, who is the primary endorsement of the bill of this case, is liable to respond to the Plaintiff’s claim for reimbursement, who is the holder of the bill, pursuant to Articles 77 and 43 of the Bills of Exchange and Promissory Notes

B. The defendant's assertion 1) asserts that the defendant himself endorseded and transferred the bill of this case to C for the payment of the price of the goods, and that the plaintiff did not comply with the plaintiff's claim even though he requested the collection of the bill of this case, even though all the obligation arising between the defendant and C was extinguished according to the defendant's argument, it cannot be asserted against the plaintiff merely because it is a personal defense. Thus, the defendant's argument is without merit. 2) The defendant under the Bills of Exchange and Promissory Notes Act was liable to notify the endorser of the refusal of payment within 4 business days after the date of drawing up the protest for the refusal of payment, despite the fact that the holder of the bill of this case was obligated to notify the endorser of the refusal of payment within 4 business days after the date of drawing up the protest.