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(영문) 서울남부지방법원 2015.06.17 2015가단204308
수표금
Text

1. The Defendants jointly combine the Plaintiff with KRW 62,00,000, and Defendant B with regard thereto from October 30, 2014 to April 4, 2015.

Reasons

1. Determination as to the claim against the defendant B

A. As to the cause of the claim, (1) In addition to the purport of the pleading as a whole, Defendant D Co., Ltd. (hereinafter “Defendant D”), on October 28, 2004, issued a check of check of check of check of check of check of check of check of check of 62,00,000 won at par value of 62,00,000 won at issue, Kimpo-si, the payer and the payment bank Kimpo-si, Korea Bank Kimpo-si. The above check of check of check of check of check of check of check of 1,00,00 won at issue, and the above check of check of check of 1,00,000 won at issue of October 29, 2014, the Defendant D and the Plaintiff were exempted from preparing a check of check of check of check of check of 1,000,000 won, and the Defendant C, B and E Co., Ltd. (hereinafter “E”), and F performed the above duty of check of check of check of 30,0.

(2) According to the above facts, the Defendant, as an endorser, is obligated to pay the Plaintiff KRW 62,00,000,000, which was paid to the Plaintiff at home, in collaboration with Defendant C, etc., who is another endorser, as well as the legal interest or delay damages calculated at the rate of 20% per annum as prescribed by the Check Act from October 30, 2014 to April 4, 2015, the delivery date of the written complaint, which is the day of delivery of the written complaint, and from the next day to the day of full payment, from the next day to the day of full payment.

B. As to Defendant B’s assertion, Defendant B asserted that (1) the immediately preceding endorsered Defendant C received and signed the said check at the request of Defendant C to keep it in custody, and that it was merely returned to Defendant C under a special contract to delete his endorsement and not transfer it to a third party, and that Defendant B did not make an endorsement and transfer it to Defendant E.

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