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(영문) 인천지방법원 2016.04.12 2014가단28229
수표금(발행인에 대한)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 2010 upon the request of Nonparty C, the Defendant issued and delivered 10 copies of the check number D, E, F, G, H, I, J, K, L, M, and face value each 5,00,000,000 won, each of the payment place, the new branch of the Korea CTR Bank, each of the new branch of the payment place, the issue date of each of the household checks in blank (hereinafter “each of the instant checks”) to the Plaintiff.

B. The Plaintiff presented a payment proposal for the check number D and E 2 as of October 31, 2013, with the date of issuance as of October 31, 2013; however, the Plaintiff presented a payment proposal for the remaining eight checks as of November 29, 2013, respectively, but refused payment as “free transaction.”

C. On April 2010, the Defendant submitted to the Plaintiff a copy of the check number D, E’s two copies Nos. 1 to 5, Eul evidence Nos. 6-1 to 7-2, and the Defendant’s order to submit financial transaction information to the new branch of the Korea C&T Bank, Co., Ltd., Ltd. on November 29, 2013. According to the Defendant’s order to submit the financial transaction information, the Plaintiff was issued on November 29, 2013, and the Plaintiff presented eight copies of the remaining excluding the above 2 checks to the public, and then supplemented the date of issuance at the new branch of the Korea C&T Bank. The Defendant did not receive a non-prosecution disposition on February 6, 2014 under the Act on the Control of Illegal Checks against the above 8 Check, but the Defendant did not file an appeal with the Defendant for non-prosecution disposition on February 15, 2014. However, the Defendant did not receive the above 16th judgment on the violation of the Incheon District Court Act.

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