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(영문) 부산지방법원 2015.07.03 2015가단7158
약속어음금
Text

1. The Defendant: (a) KRW 1,040,000,000 for the Plaintiff and 6% per annum from April 1, 2014 to January 12, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant: (a) lent the name of business in the name of the Dong-in B to engage in the wholesale business of the land; (b) permitted B to engage in the wholesale business of the land in its name; and (c) B registered the name of the Defendant in the name of the Defendant in the name of C from September 21, 2005, and registered the business in the name of the Defendant in the name of C.

B. From October 9, 2008, the Plaintiff, who manufactures and sells paper, supplied paper (food paper) to B from around October 9, 2008, and B, from around October 20, 2010, approved the price for the goods in cash or the bill received from the customer, and delivered C’s endorsement to B.

C. The Defendant equally endorsed to the Plaintiff a promissory note 21,00,000 won (hereinafter “the Promissory note in this case”) issued from July 22, 2013 to November 18, 2013 by Korea L&WM, a business partner, for the approval of the purchase price of goods, the Defendant endorseded and delivered to C the Plaintiff with a endorsement of KRW 1,00,000,000,000,000.

The Plaintiff presented the payment of each of the Promissory Notes to Gyeongnam Bank Co., Ltd., a payment bank at each of the respective payment dates of the Promissory Notes in the instant case (the closing date is March 31, 2014), but all of the payment was refused due to non-transaction.

[Ground of recognition] Facts without dispute, Gap 1, 5 through 7, 10, and 12, the purport of the whole pleadings

2. According to the facts of the above recognition, at the time that B was permitted to engage in the wholesale business of the category in the name of the Defendant, B obtained a comprehensive power of representation from the Defendant regarding the act of a bill of exchange, etc. related to the above business (e.g., statement No. 1 and witness B’s testimony contrary to this, are difficult to believe). Accordingly, B shall be liable as an endorser for each endorsement made in the name of the Defendant in the instant promissory

Therefore, the Defendant, as an endorser, is obligated to pay the Plaintiff, who is the final holder of the Promissory Notes of this case, the sum of KRW 1 billion in total, as well as damages for delay.

3. Thus, the plaintiff's claim is justified.

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