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(영문) 서울중앙지방법원 2014.08.14 2013가단151848
약속어음금
Text

1. The Defendant’s KRW 35,850,00 for the Plaintiff and KRW 6% per annum from December 19, 2012 to April 18, 2013.

Reasons

1. Determination as to the cause of claim

A. 1) The Defendant’s issuance of a promissory note with the place of payment, the new branch of the Bank, the place of payment, and the payee B (hereinafter “the Promissory note in this case”) to C, operating a Company B on July 6, 2012, as KRW 35,850,00, and the due date, December 19, 2012

(2) The bill of this case is issued in the name of B Company C in the first endorsement column; the second endorsement column is in the name of D E in the name of F Company G in the third endorsement column; the name of F Company G in the name of the Plaintiff in the fourth endorsement column; and the fifth endorsement column in the name of H in the name of the Plaintiff in the form of the fifth endorsement; and each endorsee in the form of the fifth endorsement as the blank.

3) The representative director of D is E, and the second endorsement column of the Promissory Notes is named “Co. D E”, and the seal imprinted by “D representative director of D Co., Ltd.” is affixed with the seal imprinted. 4) H refused payment of the Promissory Notes on December 20, 2012 at the above payment place, on the ground that it was stolen, and the Plaintiff recovered and possessed the Promissory Notes from H.

[Reasons for Recognition] Facts without dispute, Gap-1, 5, 9, 10, 14, Eul-1, and the purport of the whole pleadings

B. According to the above facts, the endorsement of the column for the second endorsement of the Promissory Notes can be recognized as the endorsement of D Co., Ltd. (hereinafter referred to as D). Since the Promissory Notes from C, the addressee, to the Plaintiff, the Plaintiff, is presumed to be a lawful holder of the Promissory Notes, and the Plaintiff is presumed to be a lawful holder of the Promissory Notes, barring any special circumstance, the Defendant, who is the drawer, is obligated to pay KRW 35,850,000 to the Plaintiff and the legal interest thereon.

2. Judgment on the defendant's defense

A. The Defendant’s assertion 1 that the parties asserted D received a discount from the Plaintiff on three promissory notes, including the instant promissory notes. The Plaintiff demanded a security for the payment of the Promissory Notes and offered a security for the payment of the Promissory Notes Co., Ltd., Ltd., the Home P, and the Company.

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