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(영문) 서울중앙지방법원 2016.11.29 2015가단23664
어음금
Text

1. The Defendant’s KRW 160,000,000 as well as 20% per annum from April 29, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C actually operated a D pharmacy with the name of the business owner as the defendant, and the defendant, while working in the D pharmacy, issued a bill under the name of the defendant upon C's request.

B. On September 6, 2013, the Defendant issued and delivered to C a promissory note (hereinafter “instant Promissory note”) with a blank receiver KRW 160 million at face value, KRW 60 million at issue date, September 6, 2013, with a payment place as of the payment place, as of the payment date as of December 6, 2013.

C. After the due date of the Promissory Notes, the due date of the Promissory Notes was the end of December 6, 2013, and was corrected on May 15, 2014. In that part, the Defendant’s name was sealed, and the said seal is different from the Defendant’s name next to the issuer’s name.

C has endorsed and transferred the bill of this case to the Defendant, and the endorsement of C as stated in the back of the bill of this case does not indicate the date.

E. On October 23, 2014, the Plaintiff presented a payment proposal for the Promissory Notes at the place of payment, but was refused to pay the Promissory Notes as the date of payment.

F. On April 28, 2015, the Plaintiff presented a payment proposal to the Defendant by filling the addressee of the instant bill to C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including the serial number), the result of a request for a seal appraisal, the purport of the entire pleadings

2. According to the facts of the determination as to the cause of the claim, the defendant issued and delivered the Promissory Notes in blank to C, and C endorsed and transferred the Promissory Notes to the plaintiff, and the plaintiff presented payment to C by filling the payee in the Promissory Notes, barring any special circumstance, the defendant, who is the drawer of the Promissory Notes, is obligated to pay the amount of the Promissory Notes to the plaintiff, who is the holder of the Promissory Notes.

3. Judgment on the defendant's assertion

A. (1) The defendant, who asserted that the plaintiff is only the transferee of nominative claim, issued the bill of this case on December 6, 2013 with the date of payment as of December 6, 2013, and C after the said date of payment.

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