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(영문) 서울고등법원 2014.04.11 2012나60642

약정금

Text

1. The plaintiff's appeal and the defendant B's appeal are dismissed, respectively.

2.The preliminary claim added at the trial shall be made.

Reasons

1. Claim against the defendant B

A. The facts of recognition 1) Plaintiff (the trade name was changed from “Co. D” to “Co. E”, and the name was changed to the present trade name) representative director, F, the representative director of the Plaintiff (F, the Defendant B, around August 2008, can receive a discount on the bill issued by the Plaintiff, and issued five copies of promissory notes with face value, etc. in blank.

B) In order to identify whether there is a place at which the bill of exchange is discounted, Defendant B received one of the above bills from H through G, but did not find a place at which H is discounted, and the above bill was recovered to H to F by the Plaintiff’s representative director. Subsequent to that, even though several bills were delivered to H via Defendant B and G, but the bill was recovered to F by the Plaintiff’s representative director, and eventually, the bill was recovered to F by the Plaintiff’s representative director. Defendant B received the J from K that it would be possible to discount the bill, and around September 18, 2008, Defendant B received a one promissory note (I; hereinafter “instant bill”) issued by the Plaintiff’s representative director F from the Plaintiff’s director, and put it into G to H through G.

(D) On September 25, 2008, H delivered the instant bill to J to receive a discount on the face value of the instant bill, and H entered KRW 528 million in the face value of the instant bill. (2) However, J did not pay the discount on the face value to H at all, but M did not pay the discount on the face value of the instant bill to H, and M was changed to the SOS Cable Co., Ltd. (S.).

hereinafter referred to as “scriptive cable”

(B) N andO, an employee of H and the Plaintiff, received the discount on the face of the instant bill or from the three-way cable in order to repay the goods-price obligations owed to them.