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(영문) 전주지방법원 2020.08.26 2019나4208
수표금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On June 18, 2018, the Defendant issued 220 copies of the cashier’s checks (hereinafter “each of the instant checks”) consisting of 100,000 won per share and 220 won per share of the paid-in Bank B.

B. Each of the instant checks is endorsed with D’s name, and the Plaintiff presented the payment of each of the instant checks to the Defendant around August 10, 2018.

C. Meanwhile, the Defendant’s Intervenor accepted the accident report on each of the instant checks to the Defendant, and on June 27, 2018, filed a request for public summons on 350 checks, including the instant checks, with the Jeonju District Court’s Branch Branch Branch.

On October 2, 2018, the above court rendered a judgment of nullification that declared the invalidity of 350 copies of the above check (the above court 2018KaGong7) and rendered a decision of rectification that added the phrase “to withhold the Plaintiff’s right on each of the instant checks and to declare the invalidity thereof” to the above judgment of nullification on January 9, 2019.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 and 2, each of the statements (including additional numbers), the purport of the whole pleadings

2. Where a judgment of nullification has been rendered with respect to a judgment on the cause of the claim, the check shall be null and void, but the check itself shall not be null and void with respect to the holder for whom the declaration of nullification has been suspended in that judgment.

According to the above facts of recognition, the plaintiff is recognized as a holder for whom the declaration of invalidity has been postponed in the above nullification judgment, barring any special circumstance, the defendant is obligated to pay as the issuer of the check of this case the amount of KRW 22,00,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 29, 2018 to the date of full payment, as requested by the plaintiff, to the plaintiff as the holder of the check of this case.

3. The defendant's assertion is not aware of the cause relationship between the plaintiff and D (the recognition of the claim for rent, etc.). Thus, until the cause relationship is confirmed.

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