logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.05.01 2017나37421
어음금
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 May 26, 2016, Patom Korea Co., Ltd. issued an electronic bill (hereinafter “instant bill”) with a face value of KRW 30 million to the Defendant on May 26, 2016, the date of issuance, May 26, 2016, the maturity date, August 31, 2016, and one bank’s face value at one bank (hereinafter “instant bill”).

B. On May 31, 2016, the Defendant: (a) endorsed and transferred the Promissory Notes to Sam-Sung Co., Ltd.; and (b) on June 10, 2016, Sam-Sung Co., Ltd. endorsed and transferred the Promissory Notes to the Plaintiff.

C. On August 31, 2016, the Plaintiff offered to Han Bank the payment of the Promissory Notes, but was refused on the ground of non-transaction.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the Defendant, who is the endorser of the Promissory Notes, is obligated to pay the Plaintiff, who is the final holder of the Promissory Notes, the amount of KRW 30 million with 6% per annum as stipulated in the Commercial Act from September 1, 2016 to March 20, 2017, the delivery date of a copy of the Promissory Notes, which is the day following the maturity date of the Promissory Notes, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

B. The defendant's assertion 1) The defendant argues that the bill of this case issued and delivered without any cause for financing purposes is a financing bill, and there was gross negligence due to the plaintiff's failure to know such circumstance or easily verify such circumstances, and the plaintiff also acquired the bill of this case without cause for the sake of self-financial settlement through the discount of notes on Sam-gu Co., Ltd., and that even if the bill of this case is refused by the issuer, the defendant is not liable as an endorser to the plaintiff. 2) The defendant takes over the financing bill, which is the bill of this case received and delivered for the purpose of having another person obtain financing from a third party by the bill.

arrow