logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.08 2018가단5018958
수표금
Text

1. The Defendant: (a) gold KRW 120 million to the Plaintiff; and (b) 6% per annum from November 14, 2017 to February 7, 2018.

Reasons

Facts of recognition

On November 2017, the Defendant issued 24 cashier's checks (the check number B-C, D-E, hereinafter collectively referred to as "the check of this case") with the face value of five million won at A's request.

On November 14, 2017, the Plaintiff, as the final holder of the instant check, presented a payment proposal to the Defendant on November 14, 2017, which was within the period for presentation of payment, but the Defendant rejected payment of the check on the ground that the report was received from A on the ground of theft and loss

On November 10, 2017, the Plaintiff received the check of this case by exchanging chips for games with Chinese nationality customers F at the casino casino business site operated by the Plaintiff. At the time, the Plaintiff confirmed personal information by the passport of the check holder, and confirmed whether the Plaintiff reported the accident via the bank settlement terminal.

[Ground of recognition] According to the fact that Gap's evidence Nos. 1 through 3 (including the serial number), Eul's evidence Nos. 1, and the defendant's obligation to pay the check money to the plaintiff who is the legitimate holder of the check in this case as the issuer of the check in this case, barring any special circumstance, the defendant is obligated to pay damages for delay calculated at a rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of the day of the delivery of the copy of the bill in this case, and 6% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of the payment.

The defendant's assertion and judgment is that the payment of the check is suspended in accordance with the relevant provisions until the legitimate legal relationship becomes final and conclusive as the report of accident filed by A is accepted.

Judgment

Since the issuance of cashier's checks by banks has the nature of sale of cashier's checks, the issuance of cashier's checks can not be cancelled or cancelled to the payer bank.

arrow