Whether it is possible to supplement a statement in the place of payment on the face of the bill (affirmative with qualification)

Even though there is no special indication as to the place of payment on the face of a bill, if the place of payment includes any indication and it can be inferred in a certain area corresponding to the place of payment, it can be viewed that the indication of the place of payment is complementary.

Articles 1 and 2 of the Bills of Exchange and Promissory Notes Act

Samil Mutual Savings and Finance Company (formerly changed: Bosung Mutual Savings and Finance Company (Law Firm Il, Attorneys Lee Sang-hoon et al., Counsel for the plaintiff-appellant)

Defendant (Attorney above-at-law)

Daegu District Court Decision 9Na1138 delivered on December 22, 1999

The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

1. In full view of the evidence revealed, the court below acknowledged the fact that the Promissory Notes in this case were issued in blank both the place of issue and the place of payment, and there was no additional note in the name of the issuer. The court below determined that the Promissory Notes in this case at the time of the payment proposal did not include the place of payment required under the Bills of Exchange and Promissory Notes Act in the case of domestic bills, and that the Promissory Notes in this case lost its right of recourse on the ground that the Plaintiff lost its right of recourse on the ground that it was not recognized as a lawful payment proposal, on the ground that there was no way to relieve the defects in the statement in the place of payment due to the lack of the statement stated in the place of issuance or the name of the issuer.

2. However, even though there is no special indication as to the place of payment on the face of a bill, it can be said that the indication of the place of payment can be supplemented if there is an indication as to the place of payment and if it contains an indication as to the place of payment and it can be inferred in a certain area corresponding to the place of payment from that point.

According to the records, the Promissory Notes in this case includes the place of payment, "The Bank" as the place of payment, and it can easily be seen that the place of payment falls under the place of payment in the Gyeonggi High Price of the game where the lue or lue is located. Therefore, even if the blank itself is the blank, it is reasonable to view that the place of payment in this case was supplemented by the entry in the above place of payment.

Nevertheless, the court below erred in the misapprehension of legal principles as to whether the promissory note in this case was paid without the entry of the place of payment at the time of the offering of payment, and there was no way to relieve the deficiency, which affected the conclusion of the judgment. The ground of appeal assigning this error is with merit.

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Ji-dam (Presiding Justice)