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(영문) 서울동부지방법원 2019.01.30 2018나2266
어음금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 8, 2011, the Plaintiff is an occupant management committee consisting of the sectional owners of an officetel in Seongbuk-gu, Sungnam-si, and E Co., Ltd. (hereinafter “Nonindicted Company”) completed the registration of ownership transfer on the grounds of sale due to voluntary auction against No. 2, 3, 3, 3, H, 3, 3, 1, 3, 3 and J among the above officetels.

B. After that, the plaintiff notified the non-party company that the non-party company will exercise the power of force, such as a short circuit, if the non-party company requested the payment of the unpaid official management expenses of the above officetels as succeeded.

Accordingly, on October 8, 2012, the non-party company issued, respectively, promissory notes (hereinafter referred to as “second promissory notes”) at the seat of the payee, the Plaintiff, the face value of KRW 250 million, the payment date, October 31, 2013, and the payment date, and the Seoul Special Metropolitan City, the place of payment, the Seoul Special Metropolitan City, the place of payment, and the Kdong Branch of the Gu, and the non-party company (hereinafter referred to as “second promissory notes”) on October 15, 2012.

C. Thereafter, at the Plaintiff’s request, Nonparty Company endorsed each of the promissory notes in blank on October 16, 2012, respectively. At the time, the Defendant, the representative director of the Nonparty Company, at the time, endorsed each of the promissory notes in blank, with two endorsements in blank.

The Plaintiff offered payment of Promissory Notes Nos. 1 and 2 at each payment date, but K Co., Ltd rejected payment on the ground that it is a non-transaction.

E. Thereafter, the Plaintiff filed a lawsuit against the Defendant and the Nonparty Company seeking payment of KRW 100,00,100, which is part of the Promissory Notes Nos. 1, 2014da24083 with the Seoul East Eastern District Court (Seoul Eastern District Court 201Da24083). On September 22, 2015, “The Defendant and the Nonparty Company together with the Plaintiff, and the Nonparty Company as to the amount of KRW 100,00,100, and the Nonparty Company as to it, from May 21, 2015.

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