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(영문) 서울남부지방법원 2015.06.19 2014가단56663
어음금
Text

1. The Defendant’s KRW 10 million and KRW 30 million among the Plaintiff’s KRW 100 million from October 1, 2014, and KRW 40 million from the point of view.

Reasons

1. Facts of recognition;

A. C as the representative director of D Co., Ltd., operated the above company together with E, and E was a publishing business in F column.

On September 30, 2014, G. 30,000, G. 30,000 on April 19, 2014, when one recipient at the place of payment for the par value, the issue date of bill number No. 1, the issue date of the bill No. 3 of the Seoul National Bank Co., Ltd., Ltd. on August 31, 2014; and

B. C requested the Defendant, who was engaged in the supply transaction with learning reference, to repay the bills before the due date of the bills, if the funds for the business are leased, and the Defendant issued three copies of the Promissory Notes (hereinafter “First to Three bills of this case”) in order as follows and delivered them to C, respectively.

C. C and E endorsed each of the bills of this case as follows, and upon requesting the Plaintiff to discount each of the bills of this case, the Plaintiff paid E, etc. the amount obtained by deducting interest from the face value of each of the bills of this case to the maturity, and received each of the bills of this case from E, etc.

On the other hand, each of the forms of endorsement Nos. 1 and 2 of the Bills of Exchange and Promissory Notes does not include any indication.

The first endorsement column means the third endorsement column (e.g., the endorsement column or the endorsement column) and the second endorsement column CF E-A (Plaintiffs) of the second bill F E-A(Plaintiffs). F E-A(Plaintiffs) of the third bill of exchange and the third bill of exchange.

D. The Plaintiff was refused to pay each of the instant bills with the holders of each of the instant bills, on the ground that each of the instant bills was presented at the payment date, but the bill was in an accepted bill.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3's evidence 9, 10, 11, Gap 5, and 6's evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. With respect to the Plaintiff’s seeking the payment of each of the instant bills, the Defendant is the “D” by the payee, and the first endorsement is the “D”.

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