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(영문) 서울북부지방법원 2015.12.17 2015가단32247
약속어음금(배서인에 대한)
Text

1. The Defendants jointly joined the Plaintiff KRW 51,700,000 and the Defendant Co., Ltd. from July 7, 2015.

Reasons

1. The following facts are not in dispute between the Plaintiff and the Defendant A, and there is no dispute between the Plaintiff and the Defendant’s share sheet industry (hereinafter “Defendant’s share sheet industry”) or can be acknowledged in full view of the respective entries and arguments in the evidence Nos. 1 and 2 and the purport of the entire pleadings.

On April 8, 2015, Taeancom Co., Ltd. issued and delivered an electronic bill (hereinafter “electronic bill of this case”) with the maturity of July 7, 2015, 2015, with the payment place and payment place branches of foreign exchange banks, non-party company, beneficiary company, and issuance date as of April 8, 2014, Seoul, face value of 51,700,000 won (hereinafter “electronic bill of this case”).

B. On April 23, 2015, Nonparty Co., Ltd. issued endorsement of the instant electronic bill to the Defendant’s bear industry; Defendant’s bears industry on April 24, 2015 to Defendant A, Defendant A, and the Plaintiff on April 27, 2015 to the Plaintiff; and the Plaintiff issued to Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”) on May 15, 2015 in sequence.

C. After the Daegu Bank presented the payment of the instant electronic bill at the payment date, the payment was refused at the location of the calendar station of the said Exchange Bank on the ground of non-transaction. Accordingly, the Daegu Bank demanded the Plaintiff to pay the instant bill and recovered the instant bill after the Plaintiff paid it.

2. The assertion and judgment

A. The person who issues and endorsed a bill to determine the cause of the claim shall be jointly and severally liable to the holder, and shall have the same right as the holder in the event that the debtor redeems the bill.

(Article 47 of the Bills of Exchange and Promissory Notes Act). According to the above facts, the Defendants, the endorsers of the electronic bill of this case, are jointly obligated to pay the amount of the bill and its legal interest to the Plaintiff, who recovered the bill of this case from the Daegu Bank, the holder of the electronic bill.

B. As to the assertion of the Defendant’s apportionment industry, the Defendant’s endorsement on the Promissory Notes in this case.

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