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(영문) 서울중앙지방법원 2017.06.29 2014가단164254

수표금

Text

1. The Defendant’s KRW 30,000,000 as well as 20% per annum from July 15, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant issued 30 copies of the check of this case’s KRW 1 million at par value, issuance date May 23, 2014, 2014, and 30 copies of the check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case’s check of this case’

(2) The Defendant joining the Defendant delivered the instant check to B on May 26, 2014, and the Plaintiff received the instant check from B around 01:00 on May 27, 2014.

(3) On May 28, 2014, the Plaintiff presented the instant check to the Defendant, but the Defendant rejected the payment on the ground that the Defendant reported the loss check.

B. Relevant civil and criminal judgment (1) The Defendant’s Intervenor filed an application for a public summons on the instant check with Seoul Eastern District Court 2014Kadan160, and the said court rendered a judgment of nullification on September 24, 2014 on the instant check on September 24, 2014, which was the person who filed a report on the right after the public summons was issued on June 5, 2014.

On June 24, 2016, the first instance court rendered a judgment revoking the above nullification judgment on the ground that the Plaintiff was aware of the possession of the instant checks on May 28, 2014, which was prior to the filing of the above public summons, by Seoul Eastern District Court 2014Kadan49631, and the said court dismissed the appeal on June 21, 2017, even though the Defendant appealed with the same court 2016Na2430, the Defendant appealed with the same court as the Defendant joining the Defendant.

(2) Meanwhile, the Defendant’s Intervenor was indicted as a crime of fraud in relation to the Plaintiff’s declaration of nullification on the instant check by Seoul Central District Court Decision 2015Da3660, and the first instance court rendered a judgment of innocence on March 8, 2016, but the appellate court (the same court 2016No963) knew on April 14, 2017 that the Plaintiff possessed the instant check before the Defendant’s Defendant’s motion for public summons was filed.