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(영문) 대법원 2017.08.18 2014다87595
청구이의등
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Ground of appeal Nos. 1 and 2

(a) An act of a bill is an unmanned act, which must be dealt with separately from the underlying relationship of the receipt of a bill, and the bill is an instrument representing rights under a given bill, regardless of the underlying relationship;

It is not necessary to prove that the holder is a holder of a bill and that he has any actual interest therein.

(See Supreme Court Decisions 96Da52649 delivered on July 25, 1997, and Supreme Court Decision 96Da52205 delivered on May 22, 1998, etc.). The circumstance that there is no underlying relationship for the issuance of a bill in a bill of exchange or that there is no underlying relationship for the issuance of a bill, or that the obligation becomes extinct due to repayment, etc. should be proved by the

(1) The issuance of a promissory note is deemed null and void as a false declaration of agreement, in a case where the issuer and the addressee in collusion with each other to avoid the collection of claims or compulsory execution of claims and the issuer’s creditors without any genuine burden of debt of a promissory note or intent to acquire a promissory note, and the issuance of a promissory note is deemed null and void as a false declaration of agreement.

(1) In cases where a person asserts that a certain declaration of intent, such as the issuance of a bill, is null and void as a false declaration of intention, is liable to prove the facts constituting such a cause.

(see, e.g., Supreme Court Decision 2010Da12852, Jun. 24, 2010). B.

On August 26, 2002, based on the fact that D Co., Ltd. (hereinafter “D”) issued a promissory note with a face value of 15 billion won at sight in the Defendant’s future, payment date, and payment of 15 billion won at a face value in connection with the said promissory note, the lower court deemed that D agreed to pay 15 billion won at face value to the Defendant, and that the interest rate or overdue interest rate determined for the said payment is 25% per annum.

① The Plaintiff did not have any obligation under the said Promissory Notes, or ② The Defendant subrogated to KRW 8,390,472,952.

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