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(영문) 수원지방법원성남지원 2013.11.26 2012가단49543
어음금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) KRW 50,239,000 on the Plaintiff and its related expenses on July 17, 2013.

Reasons

1. Facts of recognition;

A. On November 24, 2011, Nonparty C Co., Ltd (hereinafter “C”) issued an electronic promise note as indicated in the separate sheet (hereinafter “instant bill”) and delivered it to the Plaintiff as the price for the goods. The Plaintiff received it from the account in the name of D.

B. The Promissory Notes was transferred from the E’s account to the Defendant’s account on December 2, 2011, and on December 31, 2011, the due date was paid to the Defendant, who is the holder of the Promissory Notes.

C. On January 3, 2012, the Defendant remitted KRW 11 million to the E account of D.

【Ground of recognition】 The fact that there is no dispute, Gap's No. 1, 2, 3, 4, 5, Eul's evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion (i.e., the Plaintiff’s assertion) requested the Defendant to discount the Promissory Notes upon the introduction of F, and the Defendant consented and transferred the Promissory Notes to the Defendant’s account. The Defendant refused to pay the Promissory Notes and transferred only KRW 11 million to D’s account on January 3, 2012 after the date of payment of the Promissory Notes, although the Defendant failed to pay the Promissory Notes, and requested the Defendant to return the Promissory Notes.

In other words, there exists an agreement between the Plaintiff and the Defendant on the discount of bill. The Defendant breached the obligation of the discount of bill of this case by refusing to pay the discount of bill of this case to the Plaintiff without paying the discount of bill of this case and refusing to return the bill of this case. The Plaintiff requested the Defendant to return the bill of this case and expressed his intent to cancel the discount of bill of this case, and even if not, the Plaintiff would cancel the discount of bill of this case by serving the Defendant with the notice of intent to cancel the discount of bill of this case, which contains his intent to cancel the discount of bill

Therefore, the defendant bears the duty to return the bill of this case to the plaintiff as the restoration following the cancellation of the bill discount agreement of this case.

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