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(영문) 대구지방법원서부지원 2015.09.02 2014가단38474
어음금
Text

1. The Defendant shall pay to the Plaintiff KRW 29,70,000 and the interest rate of KRW 20% per annum from December 10, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant: (a) on July 10, 2014, the Defendant made a blank endorsement in which the seal and the date of endorsement are not indicated in the column of the first endorsement of a promissory note that became the Defendant; (b) on March 6, 2014, the issuer A, the national bank of the country of payment, the ordinary point of the ordinary bank of the issuing bank; and (c) on March 6, 2014, the original endorsement of the promissory note that became the Defendant, and delivered it to B.

B. The Plaintiff has lent KRW 20,000,000 to B, and received the Promissory Notes in this case, and thereafter exempted the preparation of a protest and transferred it by endorsement, but became the final holder of the check.

【Facts without dispute over the grounds for recognition】 - Gap's evidence 1, 2, Eul's evidence 1-1 to 5, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the Defendant, who is the first endorser, is obligated to pay the amount of promissory notes and damages for delay to the Plaintiff, who is the holder of the promissory notes.

B. Determination 1 on the Defendant’s assertion that the series of endorsement was defective, and the series of endorsement in the bill is sufficient in the form of a series of endorsementss. It is sufficient for the Defendant to deliver B with the name and seal affixed to the column of the first endorsement of the Promissory Notes, which is the Defendant’s column. The Plaintiff transferred the said Promissory Notes to the Plaintiff by simple delivery, and the Plaintiff transferred the said Promissory Notes to the Sam Pung Industrial Co., Ltd., Ltd., which is the second endorsement, and recovered therefrom as seen earlier. As such, the Defendant’s assertion on the assertion that the endorsement was forged in the form of the Promissory Notes, is deemed to have continued endorsement. Accordingly, it is possible for the Defendant to use the health deposit, bill’s signature and seal affixed to the endorser’s name and seal affixed to the column of the first endorsement of the Promissory Notes, without the date of endorsement and the date of endorsement. However, there is no dispute between the parties.

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