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(영문) 수원지방법원 안양지원 2018.02.07 2017가단109630
수표금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 30, 1996, F Co., Ltd. (hereinafter “F”) issued to G a check number H, a Kowon Branch, a Korean Bank Co., Ltd., the payment place, the face value, the issue place, and the blank column for the issuance date, one copy of the check number per bearer (hereinafter “F”) (hereinafter “first check”).

At the back of the first check, the phrase "a guarantee box" is written and the name and seal of the defendant B, C, and D is affixed thereto.

B. Around November 21, 1997, F issued to G 30,000 won in face value, i.e., check number I, the Korea Housing and Commercial Bank in the place of payment, and at the time of the issuance, one copy of the check number per bearer (hereinafter “second check”) in the blank column of issuance.

In the back of the second check, the phrase "a guarantee box" is written, and the name and seal of the father of the defendant B, C, D and the joint defendant J (Withdrawal of the lawsuit) is affixed to the back of the second check.

C. At the request of G, the F accounting division L deleted the face value of the second check in the face value of KRW 30,000,000, and re-deliveryd as a blank check.

F was completed on December 9, 2002.

E. On February 25, 2016, G entered into cerebrovascular, etc., and the Plaintiff discovered the 1 and 2 check out of G’s goods.

After that, the Plaintiff stated the amount column of the first check as 50 million won, 300,000 won in the face value column of the second check as of May 23, 2017, 300,000 won in the face value column of the second check as of May 23, 2017, and issued date as of May 23, 2017, but each payment was refused on the ground of non-transaction and default.

[Based on Recognition] Claim against Defendant B, C, and D: In the absence of dispute, each entry in Party A’s Evidence Nos. 1 through 3, 6, 7, and Party B’s Evidence Nos. 1 through 3 (including each number), as a whole, the purport of the entire pleading and claim against Defendant E: Confession

2. Judgment on the plaintiff's claim

A. On February 2016, the Plaintiff asserted that G was put into cerebrovascular and arranged G’s animals after having been put into cerebrovascular around February 201, and discovered the first and second 2 checks.

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