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(영문) 서울동부지방법원 2017.04.28 2016가단16710
어음금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. The Defendants issued a promissory note and delivered it to D with a face value of KRW 130 million without stating an addressee on August 20, 2007. The Plaintiff owned the said promissory note, and the Plaintiff’s name was stated in the payee column of the said promissory note, and the Plaintiff’s name was stated in the correction column. On August 21, 2007, with the Plaintiff’s agent and the Plaintiff’s qualification as the addressee, the fact that the said promissory note was prepared by a notary public on August 21, 2007 in Solomon Law Firm No. 1 does not conflict between the parties, or can be recognized by the purport of the entire statement and oral argument

2. The parties' assertion

A. In around 2007, the Plaintiff lent KRW 130,000 to D with the hospital operating fund, and the Defendants issued the said promissory note as joint and several surety.

Therefore, among the above money, 67,30,000 won which the plaintiff had not been paid is claimed to the defendants who are joint and several sureties.

B. The Defendants’ issuance of promissory notes is issued for security upon D’s request, and the obligations of D are not jointly and severally guaranteed.

Although it is appropriate that the Plaintiff paid the advance payment of KRW 130 million to the E Hospital operated by D, etc., it is not the loan but the rebates.

Since the Plaintiff supplied drugs to the above hospital, the amount equivalent to 20% of the supplied amount was automatically repaid, it was already deducted in full in transactions until 2015.

3. Determination

A. Even if a promissory note was issued or endorsed on a promissory note to secure a specific person’s obligation as a joint and several surety, such circumstance alone does not lead to the conclusion of a civil guarantee agreement between the issuer or endorser of the promissory note and the creditor, and the creditor also has the intent to demand that the issuer or endorser be liable for a civil guarantee for the obligations arising from the issuance or endorsement of the promissory note, and also the issuer or endorser of the said note.

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