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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 2012, the Plaintiff had Nonparty C make a business registration of the name D in the name of the Plaintiff. On July 25, 2012, C transferred the Promissory Notes in the name of the Plaintiff to Nonparty A by means of endorsement and transfer from the Defendant Green Co., Ltd. (hereinafter “instant Promissory Notes”), the payee’s Green Co., Ltd. (hereinafter “instant Promissory Notes”) at the face value KRW 50 million on October 31, 2012 due to the due date issued by Nonparty C Co., Ltd., Ltd., and at the face value KRW 50 million on October 31, 2012.
B. E returned the instant bill to C after cancelling its endorsement in order to avoid the discount of the instant bill, and C delivered it to the Green Co., Ltd., and in this case, E did not cancel the endorsement in the name of the Plaintiff.
C. The Defendant acquired the Promissory Notes from F around the end of September 2012 and presented payment on October 29, 2012, but did not pay the Promissory Notes due to non-transaction.
The Defendant filed an application with the Plaintiff for a payment order claiming the payment of the instant bill with the court 2012 tea81418, and the said payment order became final and conclusive.
[Ground of recognition] Gap's evidence Nos. 1, 2, 3, 4, witness C's testimony, and the court's order to submit financial transaction information to the broad name point of the Bank of Korea, the whole purport of the argument, as a
2. The assertion and judgment
A. The Plaintiff’s assertion C does not have the right to make an endorsement on behalf of the Plaintiff on behalf of the Plaintiff, and the endorsement is null and void with the seal affixed by the workplace which is not the Plaintiff’s individual seal.
The plaintiff returned the bill to the Green Co., Ltd. without any cause, and on the following grounds, the plaintiff can defend against the defendant.
First, since the Defendant acquired the Promissory Notes from F, not the Plaintiff, the final endorser of the Promissory Notes, the endorsement was severed.
In addition, since the bill was not acquired from the last endorser, there is gross negligence and there is no limitation of personal defense to the defendant.
Finally, this paper deals with the purpose of the defense of bad faith.