(영문) 서울북부지방법원 2015.04.03 2014나22572

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(영문) 서울북부지방법원 2015.04.03 2014나22572

수표금

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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. On April 19, 2013, the Defendant, upon receiving the guarantee from C and D, issued, as a check number “G”, face value “five million won”, “The Bank”, “The date of payment”, and “the date of issuance, June 30, 2013”, the household check (hereinafter “the instant check”) with the Defendant as the obligor, as the obligee, E and F. The Defendant issued them for checks.

B. On April 23, 2013, the Plaintiff appears to have changed the date of issuance of the instant check from H to May 30, 2013. Upon receipt of a request for discount, the Plaintiff paid KRW 4.75 million to H, and thereafter recovered the instant check. C around August 26, 2013, H requested the Plaintiff to deliver the instant check, the issue date of which was changed to “ September 30, 2013,” and the Plaintiff transferred KRW 5 million to the Defendant’s Defendant’s corporate bank (I) on the same day.

On May 19, 2014, the Plaintiff presented the instant check to the Bank of Korea Gongne Branch, but was refused to pay it by means of an altered check.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, Eul Nos. 1 and 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The Plaintiff’s assertion that H would pay interest of KRW 250,000 per month to the Defendant’s account after receiving the instant check. Since H is the Defendant’s agent or at least the Plaintiff’s agent, and the expression agent under the Civil Act is established on justifiable grounds, the Defendant is obliged to pay the Plaintiff KRW 5 million a loan under the above loan agreement. 2) The fact that the Plaintiff received the instant check from the Plaintiff and remitted KRW 5 million to the Defendant’s account is as seen earlier.

However, in addition to the instant check, the Defendant is against F to check the check number “J” and “K” for business purposes.

참조조문

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