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(영문) 부산지방법원 2020.01.14 2019가단311893
수표금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is the drawer of six (in the form of bearer) and three promissory notes (hereinafter “the instant check and note”) as set out below, and the non-party net C (hereinafter “the deceased”) is the endorser of the instant check and note.

The Plaintiff, as a lawful holder of each of the instant checks and bills, proposed payment on September 5, 2007, but was refused on the ground of non-transaction.

(1) On September 28, 2007, the No. 1 D 30,000,000 face value per unit (won) No. 1 D 30,000,000 on September 28, 2007, F 20,000 G 4 July 4, 2007, 20,000,00 on September 4, 2007; H 20,000,000 on October 5, 207; 30,000,000 on December 28, 208, 2008; 146,00,000,000 on the aggregate of 146,00,000,000 D 5,000 on January 28, 2008;

B. Accordingly, the Plaintiff filed a lawsuit against the deceased on the part of the Defendant endorser and rendered a favorable judgment. However, the Plaintiff’s withdrawal of the lawsuit against the inheritor following the deceased’s death, which led to the inheritor’s renunciation of inheritance, did not separately state its opinion.

Pursuant to the Busan District Court Decision 2008Da128026, the Defendant brought an action against the Plaintiff seeking payment of the check and the amount of the bill of this case and its delay damages. On January 20, 2009, the above court rendered a judgment with respect to the Plaintiff’s total amount of KRW 261,00,000 and KRW 146,000 among them, from September 6, 2007 to February 28, 2008; KRW 35,000,000 from February 28, 2008 to KRW 40,000,000 from March 28, 2008 to December 31, 207; and each of the above judgment with respect to KRW 30,00,000 from April 28, 200 to December 209 to December 31, 207 (the above judgment with respect to KRW 30,000,00).

[Ground of recognition] Unsatisfy, A1.

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