(영문) 서울남부지방법원 2018.11.06 2018가단2282

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(영문) 서울남부지방법원 2018.11.06 2018가단2282

약속어음금

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1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant Sung New Construction Co., Ltd. is with KRW 51,700,000 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 24, 1996, the salary industry, Co., Ltd. issued one promissory note (hereinafter “the Promissory note in this case”) with a face value of 50,1700,000 won and the due date on January 24, 1997 to Defendant Sung New Construction Co., Ltd. (hereinafter “Defendant Sung New Construction”).

B. The bill of this case was endorsed, transferred, and owned by the Plaintiff through Defendant C and Defendant B, respectively, from Defendant Sung New Construction to the Plaintiff.

C. The Plaintiff presented the payment of the Promissory Notes on the date of the foregoing payment, but was denied.

In the bill claim lawsuit of this case filed by the Plaintiff against the Defendants two times (Seoul Central District Court 97da9148, Seoul Southern District Court 2007da365172), the judgment that “the Defendant jointly pays the amount of the bill of this case and the amount calculated at the rate of 25% per annum from August 1, 1997 to the day of full payment” was rendered and finalized as it is.

[Ground of recognition] Evidence Nos. 1 and 2, and the purport of the whole pleading

2. According to the facts of the above recognition as to the claim against Defendant Sung New Construction, Defendant Sung New Construction, as the endorser of the Promissory Notes, is obligated to pay the Plaintiff the amount of KRW 51,700,000 per annum from August 1, 1997 to the date of full payment.

3. Determination as to the claim against the defendant B

A. The summary of the Plaintiff’s assertion is the endorser of the Promissory Notes, and Defendant B is obligated to pay the amount of the Promissory Notes and damages for delay to the Plaintiff jointly with Defendant Sung New Construction.

B. As to the legitimacy of the lawsuit against Defendant B, Defendant B was subject to bankruptcy and immunity from immunity. Although it was found that the claim of this case was omitted in the creditor list, but the Plaintiff was declared bankrupt, Defendant B exempted Defendant B from the liability for the claim of this case.

The reasons before the bankruptcy is declared against the debtor.

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