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(영문) 서울북부지방법원 2018.04.04 2017나3695
수표금
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. On December 5, 1996, the Defendant issued one copy of the household check with the maturity of 5,000,000, the face value of 5,000,000, Seoul Trust Bank Muma branch, Seoul Trust Bank Mumba branch, the payee blank, and one copy of the household check with the blank on December 20, 1996, the face value of 5,000,000, the payment place, Seoul Trust Bank Mumba branch, and the payee blank.

(hereinafter referred to as “each of the instant checks” in total. B.

The holder of each of the instant checks presented payment at each of the places of payment on December 6, 1996 for a check the issue date of which falls on December 5, 1996, and on December 20, 1996 for a check the issue date of which falls on December 20, 1996, and each of the instant checks was rejected on the ground of non-transaction.

C. The Plaintiff currently holds each of the instant checks.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. The fact that the holder of each of the instant checks presented the check within a lawful period of time, but failed to receive it, and the fact that the Plaintiff currently holds each of the instant checks is as seen earlier, barring any special circumstance, the Defendant, as the drawer of each of the instant checks, is liable to pay each of the instant checks and damages for delay to the Plaintiff, who is the right of recourse.

The defendant defenses that the plaintiff's right to demand reimbursement of each of the checks of this case has expired. Thus, if the right to demand reimbursement against the drawer of the check has not been exercised for six months after the expiration of the time limit for presentment (Article 51 (1) of the Check Act). The fact that the issue date of each of the checks of this case is December 5, 1996 and December 20, 1996 is the same as mentioned above, and it is evident that the lawsuit of this case was filed on February 14, 2017 after the lapse of six months from the lawsuit of this case. Thus, the right to demand reimbursement of each of the checks of this case shall be instituted.

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