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(영문) 서울고등법원 2015.06.25 2014나60639
수표금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except for the cases where part of the reasoning of the judgment of the court of first instance is changed as stated in the following Paragraph (2). Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. On the fourth 5-6th of the judgment of the court of first instance, the plaintiff's second fight is without merit, inasmuch as there is no evidence to prove that the plaintiff given a peremptory notice to the defendant prior to the filing of the lawsuit in this case, the plaintiff's second fight is without merit. The plaintiff sent a text message to the prosecutor's office that "The plaintiff sent a text message with the chairperson and B representative (the defendant) to the prosecutor's office for complaint and accusation," but it is difficult to see that the plaintiff directly expressed the defendant's intent to seek the performance of the obligation related to the bill in this case, and there is no evidence to prove that the plaintiff expressed his/her intent to seek the repayment of the obligation related to the check in this case to the extent that it recognizes the validity of the "Peremptory notice," which is the cause interrupting extinctive prescription. Thus, the plaintiff's second fight is without merit."

B. Article 14-17 of the judgment of the court of first instance provides that “In the event a bill has been issued or endorsed to secure an obligation arising from a causeal relationship, a claim for reimbursement of benefit against an endorser does not arise even if the claim for the bill has expired by prescription (see, e.g., Supreme Court Decision 2000Da10376, May 26, 200).” The Plaintiff’s assertion on this part is without merit.”

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