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(영문) 인천지방법원부천지원 2016.06.10 2015가단30383
약속어음금
Text

1. The Defendant’s KRW 70,000,000 as well as 6% per annum from November 21, 2015 to June 10, 2016 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The plaintiff asserted that the non-divers (hereinafter referred to as "non-divers") issued and delivered to the defendant a promissory note (hereinafter referred to as "the Promissory note of this case") which is 100,000,000 won, and the plaintiff received the Promissory note of this case by continuous endorsement and presented payment within the time limit for presentment for payment, but the plaintiff refused payment. Thus, the plaintiff asserted that the plaintiff can exercise the right to demand reimbursement against the defendant for the amount of KRW 100,000,000. Accordingly, the defendant asserted that the amount of the Promissory Notes of this case was 70,000,000 won at the time of endorsement by the defendant, but the amount was altered to 10,000,000 won after the endorsement by the defendant.

B. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 3 and 4, non-dives of the judgment, the fact that Non-dives issued a promissory note with the payment amount of 70,000,000 won on April 15, 2015, the maturity date of which is October 30, 2015, non-dive notes with the payment place as a national bank, non-dives and payment place, the continuous endorsement between the Defendant and the Plaintiff, and the Plaintiff’s refusal of payment within the payment period.

Meanwhile, according to the Defendant’s assertion of alteration, the face value of the Promissory Notes Nos. 3 and 4 was printed at KRW 70,000,000 after the issuance, but it can be recognized that the face value was re-written at KRW 100,000 after the issuance, and that the face value was changed before the Defendant’s endorsement, the Defendant’s assertion is with merit, unless there is any proof that the face value was changed before the Defendant’s endorsement.

Therefore, the defendant's objection against the existence or scope of the obligation of the defendant from November 21, 2015, following the expiration date of KRW 70,000,000, which is the face value before the alteration to the plaintiff, as requested by the plaintiff, is valid until June 10, 2016.

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