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(영문) 대구지방법원 2015.07.22 2014나22503
물품대금등
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 plaintiff alleged that he was entitled to two copies of household checks with a face value of 5 million won and three million won per face value of C issued in order to pay the above goods from A, who are engaged in the manufacturing industry such as Ansan Gephrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrherrrrrrrrrrrrrrralrrrrrrr

However, since three copies of the above household checks have been settled in default, the defendant, as the endorser or guarantor of the household checks of this case, is jointly and severally liable to pay to the plaintiff three million won or more at the face value of the household checks of this case and damages for delay.

2. Determination

A. According to each image of Gap evidence Nos. 4-1, 7-1, 7-2 with respect to the claim for the check amount, the defendant may recognize the fact that the defendant endorsed on the back of the check amount of three million won at the face value of C issuance. However, when the defendant presents the provisional coefficient check, it shall be a complete check meeting all the requirements for the check within the lawful period of payment. The images of the evidence No. 4-1, 7-1, and 2-1, 7-2 are insufficient to recognize that the plaintiff lawfully presented the provisional coefficient check by meeting all the requirements for the check within 10 days from the date of issuance of the check period, and there is no other evidence to prove that this part of the plaintiff's assertion is without merit.

B. In the event that a check is defaulted on the part of the obligor, the endorser of the judgment on the claim for deposit cannot be deemed to guarantee the obligation arising from the check transaction unless there are special reasons to the contrary.

The evidence Nos. 4-1, 5, 6, and .

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