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(영문) 서울중앙지방법원 2016.10.28 2016나16428
수표금등
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Facts of recognition;

A. On May 10, 2013, B, the representative director of A (hereinafter referred to as “A”) issued one copy of the check number “25,00,000 won”, “E”, “E”, “Seoul A in Chuncheon City F,” “A in the place of payment, and “B in the blank of the place of issuance” (hereinafter referred to as “the check in this case”) and delivered to the Codefendant of the first instance trial codefendant of the Codefendant of the first instance trial (hereinafter referred to as “prestigious Construction Co., Ltd.”).

B. However, during the construction of a prestigious document, when an endorsement of a prestigious construction period was added to the instant check, the check received a discount from the customer, but it was impossible to receive a discount, which again returned to B.

C. B deleted the above amount on the part of “25,00,000 won” at the face value of the instant check which was returned from the pre-explosive construction mid-term prior to the date in 2013, and subsequently, entered the amount below that, and then delivered it to the Defendant.

When the Defendant received discount from the Customer while the Defendant added an endorsement on the instant check, but it was impossible to receive discount, the Defendant deleted the face value of the said check and returned it to B.

E. Since then, B’s endorsement on the instant check: (a) deleted the entry of “130,00,000 won” at the face value of the said check; (b) deleted the said amount; and (c) cancelled the date of issuance as “300,000,000 won”; and (d) cancelled the date of issuance as “4. 30, 2014,” and then issued it to G; (c) subsequently, the said date of issuance was changed to “6. 30, 2014” at the request of G.

F. Meanwhile, G made an endorsement on the instant check in D’s name and delivered it to the Plaintiff.

G. The Plaintiff, as the final holder of the instant check, is the Nonghyup Bank, the place of payment of the instant check on July 2, 2014.

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