Cases where the endorsement of a promissory note becomes a joint and several surety for the underlying obligation

If a bill is issued in lieu of the instrument of borrowing the cause obligation, and the bill is endorsed in a manner that guarantees the cause obligation with knowledge of the circumstance, the endorser shall be held liable for the cause obligation unless there is any special reason.

Article 15 of the Bills of Exchange and Promissory Notes Act, Article 413 of the Civil Act

Plaintiff (Attorney Choi Ho-bong et al., Counsel for the plaintiff-appellant)

Defendant

Seoul High Court Decision 71Na1312 delivered on October 27, 1971

The original judgment shall be reversed, and

The case is remanded to Seoul High Court.

The grounds of appeal by the Plaintiff’s attorney are examined.

According to the reasoning of the judgment of the court below, the court below rejected the plaintiff's claim for the following reasons. In other words, if the plaintiff agreed on January 1, 1967 with interest rate of 1,00,000 won and the payment period of 2 months after the above non-party's joint and several liability, the defendant asserts that the above non-party's joint and several liability is sought to pay the above loan and interest since the non-party's above loan was not repaid, and the above non-party's joint and several liability is not guaranteed by the non-party, and it cannot be acknowledged that the defendant arranged the above loan to the non-party, but it cannot be acknowledged that the defendant provided joint and several liability or simple guarantee for the above loan, and the plaintiff's claim is groundless. However, if the non-party's bill was issued on behalf of the non-party, and the non-party's bill was endorsed with 00% of interest rate of 10,000,000 won, and the non-party's joint and several liability is not established.

The two judges of the Supreme Court (Presiding Judge)