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(영문) 인천지방법원 부천지원 2018.01.19 2017가단12310
어음금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 8, 2008, Nonparty C issued one promissory note with the face value D, 50,000,000 won at face value, Seoul, the branch office of the Bank of Korea at the place of payment, the receiver, the Defendant, Seoul, and the place of issuance at the maturity of November 15, 2008. 2) C issued a note number E, face value D, 40,000,000 won at face value, Seoul, the Bank of Korea branch office at the place of payment, the Defendant, the place of payment, Seoul, and the due date of November 15, 2008.

3) On July 8, 2008, C issued one promissory note number F, face value of 30,000,000 won at the Bank’s face value, Seoul, the branch office south of the Bank of Korea at the place of payment, the addressee, the Defendant, the Defendant, the Seoul, and the maturity of November 15, 2008. (4) On August 13, 2008, Non-Party G issued one promissory note number H, face value of 40,000,000 won at the face value of H, 40,000 won at the Bank’s face value, and one promissory note number at the Bank’s face value, the payee, the Defendant, the place of issuance, Kimpo-si, and the maturity of December 13, 2008.

5) On September 9, 2008, G issued one promissory note with the bill number I, the face value of 30,000,000 won, the Industrial Bank of Korea, the place of payment, the Bank of Korea, the recipient blank, the blank, the place of issuance, and the due date of January 13, 2009. 6) Nonparty J issued and delivered one copy of the promissory note with the bill number K, the face value of 40,735,200 won on August 14, 2008, the place of payment, and the note of the bank in Korea, G, the place of payment, the Seoul, and the due date of December 31, 2008.

(hereinafter referred to as the “instant bill”) b by cover each of the bills described in paragraphs (1) through (6).

The Promissory Notes of this case was exempted from the preparation of a protest for non-payment through the Defendant, the Plaintiff, etc., and thus endorsed and transferred in sequence, and the Plaintiff currently holds the Promissory Notes.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to 6, purport of whole pleadings

2. The Plaintiff’s assertion was made on December 2, 2016 by paying a bill to the last holder as the endorser of the bill of this case, and thus, the Plaintiff collected the bill of this case. Thus, the Defendant acquired the right of recourse.

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