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(영문) 수원지방법원성남지원 2015.09.23 2015가단4183
약속어음금
Text

1. The Defendant’s KRW 78,00,000 for the Plaintiff and 6% per annum from December 29, 2014 to March 31, 2015.

Reasons

1. Basic facts

A. The ice Plant Co., Ltd issued and distributed the following electronic bills (hereinafter “instant bills”).

- Bill number: B - Par value: 676,50,000 - Maturity: December 28, 2014 - Issuance Date: August 28, 2014

On August 29, 2014, the Defendant endorsed the amount of KRW 78 million out of the face value of the Promissory Notes, and transferred it to South-North Companies.

C. Since then, the bill of this case was transferred in sequence to South Korea, the Plaintiff, the South Korea Stock Company, the South Korea Shipping Company, the Plaintiff, C, and the Plaintiff.

The Plaintiff presented a payment proposal by electronic means within the time limit for presentment for payment, but was rejected on the ground that the payment was defaulted on December 29, 2014.

E. The Plaintiff currently holds the Promissory Notes.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3, 4, and 11, and purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant, who is an endorser of the bill of this case, is obligated to pay the Plaintiff, who is a lawful holder of the bill of this case, the amount of KRW 78 million, which the Defendant endorsed at the face value of the bill of this case, and damages for delay.

B. The defendant's assertion and judgment stated that the bill of this case was endorsed for the purpose of getting financial support to South and North companies, and that the remaining companies are not able to comply with the plaintiff's claim of this case since the bill of this case was endorsed again to a third party even though they had been returned to a third party by accomplishing the financial purpose.

The financing bill received only for the purpose of having another person obtain financing from a third party with the said bill without any relationship with health expenses and cause shall not be set up against the third party who has received the said bill, regardless of the good faith or bad faith of the third party. Thus, the defendant shall not be set up against the third party.

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