1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Facts of recognition;

A. The OTM Co., Ltd. issued a promissory note (hereinafter “instant note”) on November 3, 2015 (hereinafter “the instant note”) with the blank of issue date, the face value of KRW 37.5 million at the face value, Seoul, and the due date, and delivered it to EN logistics.

B. After the issuance date of the bill of this case, the Defendant was endorsed and transferred in blank.

The Defendant: (a) endorsed and transferred the bill to UN; and (b) endorsed and transferred the bill to the Plaintiff to UN.

C. The bill of this case was presented on the date of payment without filling the issue date, but was rejected.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff asserts that since the bill of this case was presented for payment but the bill of this case was rejected, the defendant, who is the endorser, sought payment of the amount equivalent to the amount of the bill of this case through the exercise of the right of recourse.

B. The issue date of the Promissory Notes is one of the requirements for the Promissory Notes, and the rights under the Promissory Notes cannot be duly established unless they are indicated, and therefore, the Promissory Notes were presented for payment with such non-completioned Bills

shall not be a legitimate presentation of payment.

(See Supreme Court Decision 94Da12098 delivered on September 9, 1994. The bill of this case was issued in blank, one of the requirements for the bill, and was presented for payment without supplementation of the blank, and the bill was not supplemented within the statutory period. Thus, the Plaintiff, the holder of the bill, lost its right of recourse.

Ultimately, since the Plaintiff lost its right of recourse against the Defendant, the Plaintiff cannot seek payment of the amount of the bill.

3. Thus, the plaintiff's claim against the defendant shall be dismissed in its entirety as it is without merit, and the judgment of the court of first instance shall be revoked and the plaintiff's claim shall be dismissed as it is unfair in its conclusion.