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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. E.B. On July 25, 2012, E.S. Co., Ltd. issued one copy of the Promissory Notes Co., Ltd. (hereinafter “Co., Ltd.”) at the face value of KRW 50 million, the due date for payment, October 31, 2012, and the Bank of Korea at the place of payment (hereinafter “instant Promissory Notes”).
B. Around May 2012, the Plaintiff permitted C to register its business (trade name: D) under the Plaintiff’s name. Since C received endorsement and transfer of the Promissory Notes from the Green Co., Ltd., the payee, it again transferred the Promissory Notes to G Co., Ltd. (hereinafter “G”) with endorsement in blank in the Plaintiff’s name.
C. At the end of August, 2012 and beginning of September, 2012, E returned the instant bill to C after cancelling endorsement from G, in which the instant bill is not discounted, and C returned the instant bill to Green Co., Ltd.
The Defendant acquired the Promissory Notes from F around September 2012 and presented them to the Bank on October 29, 2012, but did not pay the Promissory Notes due to non-transaction.
E. Accordingly, the Defendant filed an application against the Plaintiff (second endorser) for a payment order claiming the payment of the instant amount under this Court No. 2012 tea81418, and this court issued a payment order citing the above application on December 13, 2012, and the said payment order was finalized at that time.
[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1, 2, 3, and 4, witness C of the first instance court, witness F of the trial court, witness of the first instance court, order to submit financial transaction information to the Industrial Bank of Korea of the first instance court, the purport of the whole pleadings
2. Determination as to the cause of claim
A. On the grounds delineated below the Plaintiff’s assertion, enforcement based on the original copy of the payment order, No. 2012 tea81418 of this Court seeking the payment of the bill of this case shall not be permitted.
1 C is not entitled to endorsement on behalf of the Plaintiff on the Promissory Notes.