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(영문) 광주지방법원 2014.07.15 2014가단1558
어음금
Text

1. The Defendant, together with D Co., Ltd., shall pay to the Plaintiff KRW 100,00,000 as well as its full payment from December 12, 2013.

Reasons

1. Basic facts

A. On February 27, 2013, the Defendant issued to D Co., Ltd. a promissory note with the face value of KRW 100,000,000 at face value, D, date of issuance, February 27, 2013, the date of payment, July 3, 2013, the place of payment, each blank, the place of payment, and one promissory note with the Gwangju branch of Korea CTR Bank Co., Ltd. (hereinafter “instant promissory note”).

B. The column of the first endorser of the Promissory Notes in this case is indicated as Co., Ltd., and the column of the second endorser in the column of the second endorser is indicated as Co., Ltd., the column of the second endorser in which the first endorsement was indicated as Co., Ltd. was cancelled.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 3, purport of the whole pleadings

2. For the purpose of determining the cause of claim, the series of endorsement is deemed to be the endorser of the first endorsement, and the person to whom the first endorsement was made is the endorser of the second endorsement and to the last endorsement in sequence. On the other hand, cancelled endorsement is deemed not to exist as to whether the cancellation was made by the person to whom the authority to cancel it was made or as to the series of endorsements regardless of the method thereof (see Articles 16(1)3 and 77(1)1 of the Bills of Exchange and Promissory Notes Act, Supreme Court Decision 94Da41973 delivered on February 24, 195), and the Bills of Exchange and Promissory Notes Act is deemed to be the lawful holder in the event of the last endorsement, and if the last endorsement is followed by another endorsement after the blank endorsement, the person to whom the endorsement was made shall be deemed to have acquired the bill by the endorsement in the blank form (see Articles 16(1) and 7(1)1 of the Bills of Exchange and Promissory Notes Act), and the term "endorseing the endorser or the endorser" means the endorser’s signature.

(Article 13(2) and Article 77(1) of the Bills of Exchange and Promissory Notes Act. According to the above facts, the addressee’s column and the first endorsement column of the Promissory Notes are written as “A Co., Ltd.” and the first endorsement column are written as a blank.

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