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(영문) 인천지방법원 2015.07.10 2014가단249408
어음금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's ground of claim

A. On January 26, 2015, the Defendant issued one promissory note (C; hereinafter “instant First Promissory Notes”) with the payment date as follows: (i) Daegu Metropolitan City, Daegu Metropolitan City, place of payment, Daegu Distribution Complex of the National Bank of Korea, 23,077,373 won, and one promissory note with the payment date as of July 16, 2014 (C; hereinafter “the date”); (ii) September 23, 2014; (iii) Daegu Metropolitan City, Daegu Metropolitan City, Daegu Metropolitan City, Daegu Metropolitan City, Daegu Metropolitan City, 35,841,59, issue date; and (iv) one promissory note (hereinafter “the instant Second Promissory Notes”) with the payment date as of May 23, 2014.

B. Civil Costa Co., Ltd.: (a) endorsement and transfer of each of the instant bills; and (b) the Plaintiff came to have final possession.

C. The Plaintiff presented the instant bill No. 2 on September 23, 2014, but the payment was refused, so the Defendant is obligated to pay the Plaintiff the amount equivalent to its face value.

In addition, even in the case of the first bill of this case, since it is anticipated that the refusal of payment will be made even if the payment is made at maturity or it is expected that the future due date will come, the defendant is obliged to pay the amount equivalent to its face value.

2. Judgment ex officio on the legitimacy of the lawsuit

A. Prior to the judgment on the Plaintiff’s assertion of the cause of claim, we examine the legitimacy of the instant lawsuit ex officio.

B. Any rehabilitation creditor who intends to participate in rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) shall file a report on rehabilitation claims (Article 148(1)); any custodian shall prepare and submit to the court a list of rehabilitation creditors, etc. prior to filing a report with the court (Article 147); any rehabilitation creditor, etc., who is listed in the list, shall be deemed to have filed a report pursuant to the Debtor Rehabilitation Act (Article 151); on the other hand, when an objection is raised against any reported rehabilitation claim, all of the objectors as other parties may file a final claim inspection report with the court.

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