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(영문) 인천지방법원부천지원 2014.11.25 2013가단17621
어음금
Text

The defendant shall pay to the plaintiff KRW 30,000,000 per annum from May 9, 2013 to May 27, 2013, and the next day.

Reasons

Facts of recognition

C borrowed KRW 30,000,000 from D around October 28, 201, while serving as the representative director of the Defendant Company from February 22, 2011, and as security, issued to D a promissory note in blank as of October 28, 201, stating the amount of KRW 30,000,000 at face value, the issuer, the issuer, and the issue date, October 28, 201, and the due date as of May 9, 2013 (hereinafter “instant promissory note”).

F, which was called the president of E, the major shareholder of the Defendant Company, had the endorsement of the Promissory Notes in this case on the same day and delivered it to the Plaintiff again.

D Even after receiving reimbursement of the above KRW 30,000,000, around December 2011, 201, D heard the Plaintiff’s talking that “The instant bill will bring about the money to be paid from F because it had been in possession of the instant promissory note,” and delivered the instant bill to the Plaintiff.

At present, the Plaintiff is in possession of the Promissory Notes, and the Plaintiff stated the Plaintiff in the addressee column of the Promissory Notes and presented the payment to the Defendant within the said payment date.

[Based on the fact that there is no dispute, each entry in Gap 1 through 3 (including a serial number), a witness D's testimony, and a judgment on the cause of claim as to the purport of the entire pleadings, as an unmanned act, must be dealt with separately from the cause of the acceptance of a bill. Since a bill is an instrument representing rights under a certain bill regardless of the cause of the acceptance of a bill, it is a security representing rights under a certain bill, the holder of a bill shall not be obliged to exercise rights under the bill solely on the fact that he/she is the holder, and to prove

(See Supreme Court Decision 2007Da36407 Decided September 20, 2007, etc.). Therefore, the Plaintiff may exercise its rights as a legitimate holder of the Promissory Notes, barring any special circumstance.

As to the defendant's assertion, the non-existence of the issuance of the plaintiff, the non-existence of endorsement, and the non-existence of the succession of rights.

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