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(영문) 서울중앙지방법원 2017.09.26 2016나70378
수표금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. C 22,372,00 Industrial Bank of Korea Samsung Station 2D 21,445,000 Samsung Station 3 E 20,000 4F 19,318,000 G 16,673,000 99,808,000

A. On January 10, 2015, Defendant Jae-in shopping Co., Ltd. (hereinafter “Defendant Jae-in shopping”) issued five copies of the number of shares as indicated below (hereinafter “each of the instant checks”) and delivered them to Defendant Jinsung Co., Ltd. (hereinafter “Defendant Jinsan”) as goods prices.

B. On January 13, 2015, the Defendant Jinsan signed each of the instant checks with a view to paying for the price of goods to the leisure farming association for the leisure farming and fishing village Co., Ltd. (hereinafter “Finsan”), and then delivered it to B to the truck driver B sent by Finsan.

C. B obtained each of the instant checks and embezzled them, and on January 22, 2015, the Defendant re-owner filed a report on the loss of each of the instant checks at the Industrial Bank of Korea Samsung Station (the Industrial Bank of Korea) where each of the instant checks was issued and paid.

B delivered to H without endorsement each of the instant checks embezzled as above, without endorsement, and H also delivered them to the Plaintiff without endorsement. On January 27, 2015, the checks listed in No. 4 of the instant checks were presented to the National Bank Round-dong Branch, and the remaining checks were presented to the Gwangju Bank Macheon-dong Branch, but all payment was refused.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, Defendant Jinsung is the issuer of each of the instant checks, barring any special circumstance, and Defendant Jinsung is jointly liable to pay the Plaintiff, who is the final holder of each of the instant checks, the sum total of the face value of each of the instant checks, as an endorser, the sum total of KRW 99,808,00, and damages for delay after the date of presentment of payment.

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