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(영문) 서울동부지방법원 2013.11.20 2013나43
대여금
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 30,000,000, and this shall apply to the plaintiff on December 2012.

Reasons

1. Basic facts

A. On August 2002, the Defendant engaged in the automobile maintenance business with the trade name of “K” was discounted by KRW 15 million from the Plaintiff at the face value of the I (trade name: L) issuance of KRW 20 million ( check number: J; hereinafter “the check number”).

B. Since then, the Defendant received at a discount of two of six copies of the six pages of the household check issued by the Defendant (the check number: C, D, E, F, G, H, and hereinafter “the household check of this case”), respectively, at the face value of the Defendant’s issuance, from the Seocho Capital Co., Ltd. (hereinafter “Sari Capital”) (hereinafter “Sari Capital”) which is the company authorized to discount the Plaintiff’s bill.

C. I, while keeping Chapter Four of the above household checks issued by Defendant issuance in exchange for the instant party shares table, he was endorsed the Plaintiff’s name by forging the Plaintiff’s name and received a discount from the letter capital.

After that, the check of this case and the household check of this case were rejected due to I and the defendant's default. Meanwhile, the plaintiff paid each of the above checks to the post-lith Capital in the course of discount of other bills from the post-lith Capital, and recovered all of the provisional coefficient marks of this case.

E. Since then, the Defendant recognized the obligation based on the instant party’s shares and household checks, and some remainder from around 2005 to in cash, and continued to repay the said obligation in such a way that the Plaintiff and the Plaintiff’s branch employees accept and repair their automobiles free of charge. The Plaintiff is the person whose total sum of cash and the repair cost paid reaches KRW 15 million.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 3, each entry of Eul 1 and 2, and the purport of whole pleadings

2. The defendant and I received a discount on the coefficient of the instant case from the Seog Capital, which is the company which is the discount of the bill. In the event the right on the check is extinguished due to the defect in the procedure or by prescription, the right to claim reimbursement of benefit under the Check Act occurs. The plaintiff has already the right on the check at the time of recovery of the coefficient chart.

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