약정어음금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The E Co., Ltd. (hereinafter “E”) issued a promissory note of KRW 34,900,000 at par value (not including the date of issuance, but the due date is indicated as August 31, 2015, and the place of payment and the place of payment are indicated as F previous branches of the Co., Ltd.; hereinafter “instant promissory note”). The back of the instant promissory note is subject to successive endorsement in order of Defendant G.
B. A died on November 4, 2018 while the instant lawsuit was pending (hereinafter “the deceased”), and as the inheritor, there are the Plaintiffs, who are their children.
[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings
2. Determination as to the cause of action
A. On April 2, 2015, the Deceased’s summary of the Plaintiffs’ assertion 1) was endorsed and transferred the Promissory Notes as collateral from the Defendant on April 2, 2015, and lent KRW 34,900,00 to the Defendant. Therefore, the Defendant is obligated to pay KRW 17,450,000 (= KRW 34,90,000 x 1/2) equivalent to the respective inheritance shares of the Plaintiffs out of KRW 34,90,000, among the above loan amount of KRW 34,90,000 (=) and delay damages therefrom. (2) The Defendant’s summary of the Defendant’s assertion did not have borrowed money from the Deceased, and there was no fact that the Defendant received the Promissory Notes as goods from the Nonparty Company, and made endorsement and transfer to G, and did not have issued or endorsed the Promissory Notes as collateral to
B. The evidence No. 2 submitted by the Plaintiffs as evidence consistent with the facts alleged in its assertion is not a signature or seal of the Defendant, and is a camera that appears to have been unilaterally prepared by the Deceased. It is not sufficient to acknowledge that the Deceased lent KRW 34,900,000 to the Defendant and that the Defendant agreed to return it. There is no evidence to support the fact that the agreement for a loan for consumption was concluded between the Deceased and the Defendant, as alleged by the Plaintiffs.
The Plaintiffs are the Deceased.