beta
Text
1. The defendant shall pay to the plaintiff KRW 60,000,000 and KRW 25,000,000 among them, from December 18, 2014 to the day of full payment.
Reasons
1. Basic facts
A. The Defendant issued each of the following promissory notes (hereinafter “each of the promissory notes in this case”) with C as the addressee, and C as the first endorser, and the Plaintiff, as the second endorser, made a blank endorsement with the seal affixed to each of the said promissory notes in blank as the seal affixed thereto.
1) Bill number: Par value of D (hereinafter referred to as "one bill"): 25,000,000 won: The place where payment is made in Daegu Metropolitan City: The place where payment is made: The date of issuance of Han Bank: 183-12, Seo-gu, Daegu Metropolitan City: the date of payment on February 4, 2013: the date of payment: 35,000,000 won in face value of E (hereinafter referred to as "two bills"): The place where payment is made in Daegu Metropolitan City: The place where payment is made in Daegu Metropolitan City: the date of issuance of Han Bank: the date of payment on February 4, 2013: the date of payment on September 27, 2013.
The Plaintiff, as the final holder of each of the Promissory Notes of this case, presented a payment proposal for two of the Promissory Notes of this case at the place of payment within the lawful period of payment, but rejected payment due to default.
【Ground for Recognition: Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings】
2. Determination
A. According to Articles 77 and 16(1) of the Judgment of the Board of Exchange and Promissory Notes Act as to the cause of the claim, if the last endorsement is in blank, the holder of the bill shall be presumed to be a lawful holder, and if the endorsement is followed by another endorsement, the endorsement shall be deemed to have been acquired by the endorsement in blank.
According to the facts found above, since the Defendant, the issuer of the Promissory Notes of this case, is recognized as a series of endorsementss from the Defendant to the Plaintiff, the Plaintiff is presumed as a lawful holder of each Promissory Notes of this case.
Therefore, barring any special circumstance, the Defendant, as the issuer of the Promissory Notes, applies to the Plaintiff with respect to KRW 60,000,000 and KRW 25,00,000, which the Plaintiff seeks, with respect to the promotion of the lawsuit from December 18, 2014 to the day of full payment after the delivery of the copy of the instant complaint.