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(영문) 서울남부지방법원 2019.05.29 2018가단258610

약속어음금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The defendant's each payment date shall be July 12, 2016, and the same year.

8.25.25., the same year

8. The fact that each face value of 31.31.1 billion won, each of the drawer C’s electronic bill was endorsed and delivered to the Plaintiff, and the fact that the Plaintiff claimed on the date of the payment of each of the above bills but the payment was refused is no dispute between the parties.

The plaintiff filed a claim against the defendant for payment of each of the above electronic bills as an endorser, and the defendant raised a defense that the statute of limitations of each of the above electronic bills has expired. Thus, according to Articles 77 and 70 (2) of the Bills of Exchange and Promissory Notes Act, if a claim against the endorser is not exercised within one year from the date of preparation of the protest or the due date, the plaintiff's claim against the endorser is completed one year after the lapse of one year. Thus, the defendant's defense pointing this out has merit.

(Plaintiff’s assertion that the statute of limitations is three years on the authentic copy of the notarial deed of a promissory note drawn up by the Defendant in the preparatory document dated April 23, 2019, but the Plaintiff’s claim of this case is not based on the said promissory note, but based on the said separate electronic bill).