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(영문) 의정부지방법원 고양지원 2018.09.13 2018가단9817
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff sought C and sought to borrow KRW 50 million. During that process, the Plaintiff stated “D”, “O0 million won” in the face value column, “O0 million won” in the issue date column, and “O. 9 December 9, 2016” in the payment date column, and borrowed KRW 50 million from D, respectively, on the front side.

B. On November 29, 2017, the Defendant received endorsement from D to the effect that “The amount of the Promissory Notes is paid to the Defendant or its designated person,” on the back of the Promissory Notes in possession of D and D in the course of settlement of investments.”

C. Based on the instant promissory note form, the Defendant filed a lawsuit against the Plaintiff and E seeking payment of the amount of KRW 50 million in the amount of promissory note amounting to KRW 2017da19534, Jun. 20, 2018 against the Plaintiff and E (hereinafter “instant previous lawsuit”), and on June 20, 2018, the Defendant cannot be deemed as an act of issuing a promissory note, even if the Defendant had obtained the Plaintiff’s signature in the front issuer column of the paper copyed in the facsimile form, and on the ground that the Defendant stated the meaning of endorsement on the back of the facsimile form, it cannot be deemed that the rights under the promissory note are distributed. The above judgment was final and conclusive as the Defendant did not appeal.

On July 3, 2018, the Defendant filed a lawsuit against the Plaintiff and E seeking payment of KRW 50 million (hereinafter referred to as “instant subsequent lawsuit”) with the High Government District Court 2018da8852, which had been filed by the Defendant, following the procedures for notifying the assignment of claims for the claims acquired from D.

[Ground of recognition] Facts without dispute, Gap evidence 3-1, 2, Gap evidence 4-9, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion 1 is the defendant of this case.

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