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(영문) 부산지방법원 2019.09.27 2019나42921
어음금
Text

1. The plaintiff's rehabilitation debtor B corporation upon a claim that was changed in exchange in this court.

Reasons

1. Facts of recognition;

A. B issued, June 4, 2018, an electronic bill (e.g., bill number F; hereinafter “instant bill”) with the face value of KRW 50 million to C Co., Ltd. (hereinafter “C”), September 5, 2018 due date, and Gung Branch Co., Ltd. (hereinafter “C”).

B. C: (a) on June 4, 2018, J (mutual name: K station); (b) on July 6, 2018, J endorsed Co., Ltd. and D Co., Ltd. on July 11, 2008, respectively endorsed and transferred the Promissory Notes to the Plaintiff (mutual name: E) in sequence.

C. On September 5, 2018, the Plaintiff presented the instant bill to Gang Branch Co., Ltd., the place of payment, but the payment was refused on the ground of the shortage of deposit ( acceptance of an accident report).

On October 12, 2018, the Plaintiff filed the instant lawsuit against B seeking the payment of the amount of the Promissory Notes. On October 29, 2018, the Plaintiff filed an application for commencing rehabilitation procedures with the Seoul Rehabilitation Court 2018 Gohap1024 on October 29, 2018, which was pending in the first instance trial, and was decided to commence rehabilitation procedures from the said court on November 22, 2018. The Defendant deemed the manager as the representative of B’s in-house director was dissatisfied with the Plaintiff’s claim for the amount of the Promissory Notes stated in the rehabilitation creditor list.

After being notified of the Defendant’s objection on January 10, 2019, the Plaintiff filed an application with the Defendant for taking over the instant litigation procedures against the Defendant on January 28, 2019. On the other hand, on February 19, 2019, the Plaintiff changed the purport of the instant lawsuit’s claim to the Defendant as a claim for confirmation of rehabilitation claims.

[Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, B, the drawer of the Promissory Notes, is obligated to pay the amount of KRW 50 million to the Plaintiff, who is the final holder of the Promissory Notes. Thus, the Plaintiff’s rehabilitation claim against B is recognized as KRW 50 million.

3. The judgment of the defendant on the defendant's assertion is that the bill of this case is necessary for the transaction between the defendant and C.

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