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(영문) 서울중앙지방법원 2017.06.30 2016가단5304051
수표금
Text

1. The Defendant’s KRW 182,175,90 for the Plaintiff and KRW 6% per annum from November 2, 2016 to December 27, 2016.

Reasons

1. Basic facts

A. On October 31, 2016, the Defendant issued 182,175,90 won at par value, 182,175,900, and one cashier’s check (number B, hereinafter the check in this case) at the place of issuance and payment, and the Plaintiff, as the final holder of the check in this case, presented the check in this case on November 2, 2016, within the period of presentment for payment.

B. C On November 2, 2016, upon reporting an accident that the instant checks were stolen or lost to the Defendant, payment suspension is required.

The defendant rejected the plaintiff's request for payment on the ground that the payment is reserved until the legal relationship becomes final and conclusive upon the above request.

C. C filed a request for a public summons with respect to the instant check with this Court No. 2016Kao538, and this Court rendered on February 13, 2017, a judgment of nullification that reserves the Plaintiff’s right to the instant check and invalidate the instant check (hereinafter “instant judgment of nullification”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2, Eul evidence 1-1

2. Determination as to the cause of action

A. According to the facts based on the Defendant’s obligation to pay the check amount, the Defendant, as the drawer of the check of this case, has the obligation to pay the Plaintiff the amount of KRW 182,175,900, and the interest rate of KRW 6% per annum as stipulated by the Check Act from November 2, 2016 to December 27, 2016, the delivery date of a copy of the check of this case, and the interest rate of KRW 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

B. The defendant's assertion 1) The defendant's assertion that the check for which the accident report is received is reserved until the legal relationship related to the accident report becomes final and conclusive. Since the financial settlement center and the defendant bank's internal regulations are properly conducted, the plaintiff's request cannot be complied with. 2) The issuance of the cashier's check by the bank is on the cashier's check.

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