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(영문) 인천지방법원 2016.07.13 2015가단52052
약속어음금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The facts are as follows. The defendant issued a promissory note (hereinafter referred to as "the Promissory note in this case") to the non-party A, the representative director of which is the non-party B (hereinafter referred to as "non-party C, the non-party B"), and the plaintiff, after receiving endorsement and transfer of the Promissory Notes in the process of settlement, such as loading and unloading expenses, from the non-party A company, presented a bill to the last holder on March 2, 2012, but the payment was refused upon the presentation of the bill in the status of the last holder on March 2, 2012. The plaintiff's presentation of the bill in the capacity of the last holder on the face of the statement (including the provisional number; hereinafter the same shall apply): 192,264,820 won (the date of issuance of the bill supplemented after the first vacancy): The date of September 20, 2012: The payment can be recognized as being changed to the last payment on September 14, 2011.

2. The plaintiff, based on the above facts, sought payment of the amount of the bill against the defendant, who is the drawer of the bill of this case. On the other hand, the defendant raised the suit of this case three years after the first payment date of the bill of this case. Thus, the claim for the amount of the bill of this case expired.

In principle, the opening of a bill shall be made with the consent of all parties to the bill, and if there is any interested party who does not consent to it, he shall not be held liable for such person in accordance with the wording after the opening.

A bill transaction is based on strict language and securities, and the issuer has a significant interest in the extension of the due date for the issuance of a bill. Therefore, it is difficult to say that the bill transaction is naturally included in delegation of authority to change the due date for the issuance of a bill, as alleged by the Plaintiff.

Furthermore, the holder of a bill intends to postpone the presentation of payment for the bill by the immediately preceding endorser who is not the drawer.

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