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(영문) 대구고법 1960. 4. 20. 선고 4292민공646 제2민사부판결 : 상고
[이득상환청구사건][고집1948민,435]
Main Issues

Whether the right on a check has expired by prescription, but if there are other civil remedies, the right to claim reimbursement of benefit can be exercised.

Summary of Judgment

If a check is issued in order to secure the repayment of a loan for consumption, the right on the check can be used as a claim under the Civil Act even if the right on the check expires by the prescription.

[Reference Provisions]

Article 72 of the Small and Medium Business Act

Reference Cases

65Da1447 decided Aug. 31, 1965 (Article 63(4) of the Rules on the Check, Article 63(12), Article 63(13) of the Rules on the Check, Article 65Da2163 decided Dec. 28, 1965 (Article 63(12) of the Rules on the Check, Article 63(12), Article 1515 of the Rules on the Check, Article 63(13), Article 6163 (Article 63(13) of the Rules on the Check, Article 63(15) of the Rules on the Check, Article 1515)

Plaintiff, Public Prosecutor

Plaintiff

Defendant, Defendant-Appellants

Gyeongbuk-gu Textiles Association, an incorporated association

Judgment of the lower court

Daegu District Court of the first instance (4291 civil petitions263)

Text

The original judgment shall be revoked.

The defendant shall pay to the plaintiff the amount of 1.5 million refund and the amount equivalent to 5 percent per annum from October 20, 288 to the date of full payment.

The plaintiff's claim for contribution is dismissed.

The lawsuit costs shall be 5 minutes through the first and second trials, and the contribution of the plaintiff 1 shall be borne by the defendant.

fact

The plaintiff's agent shall revoke the original judgment. The defendant shall pay to the plaintiff 1,695,00 refunds of 1,845,000 and gold 1,695,000 refunds from October 20, 288 to each full-time period of 150,000 refunds from September 6, 4289 to each full-time period of 4289. The defendant's agent shall pay the plaintiff 1,59,000 refunds with the amount equivalent to 5% annual interest rate from September 6, 289 to each full-time period of 4289. The costs of the lawsuit shall be borne by the defendant through the first

The plaintiff's statement is de facto 428.4, as the plaintiff's agent's money transaction with the non-party 1 who is the representative of the non-party 5-year association, and the defendant's 150,000 won of monthly refund to the defendant association was due and payable 10.19,000 won of the non-party 1-year amount and the one-month amount was added to the loan to secure payment. The defendant's 1,695,00 won of the non-party 1-year amount to the non-party 5-year amount of the non-party 5-year amount of the non-party 1-year amount of the non-party 2-year amount of the non-party 5-year amount of the non-party 5-year amount of the non-party 1-year amount of the non-party 2-year amount of the non-party 4-year amount of the non-party 5-year amount of the non-party 5-year amount of the non-party 1-party 2.

As a method of proof, the plaintiff's agent submitted evidence Nos. 1 through 6, 7-1, 2, and 8 of the evidence Nos. 1, 7-2 and 8, and invoked the results of Non-party 2's testimony and examination of trial by the trial witness Non-party 1, and the defendant's agent submitted evidence Nos. 1, 2, 4, 8, and 7-1 and 7-2 of the evidence Nos. 1, 2, 2, 8, and 7, and used the evidence No. 2 during the period as the benefit of the plaintiff and the contributed evidence No. 2 during the period. The party member ex officio examines the plaintiff himself.

Reasons

According to the reasoning of the judgment of the court below, the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 2 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 2 and the non-party 1 and the non-party 3 and the non-party 1 and the non-party 4 and the non-party 1 and the non-party 5 and the non-party 1 and the non-party 2 were the non-party 1 and the non-party 2 were the non-party 1 and the non-party 1 and the non-party 2 were the non-party 1 and the non-party 1 and the non-party 2 were the non-party 1 and the defendant 2 were the non-party 1 and the non-party 1 and the defendant 1 and the corporation.

Judges Lee Il-il (Presiding Judge)

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