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(영문) 서울남부지방법원 2016.06.23 2015나59424
어음금
Text

1. Of the part against Plaintiff A in the judgment of the court of first instance, the money that orders the payment below is equivalent to that of Plaintiff A.

Reasons

1. Facts of recognition;

A. The Defendant issued a promissory note (1) around March 2014, the Defendant issued the following promissory note (hereinafter “instant promissory note”) to DS Distribution Co., Ltd. (hereinafter “DS Distribution”) with the addressee in blank:

(A) Par value of the bill: 200,000,000 won on the face of the bill: C: the due date: C: the name of the payment bank and the store name on June 10, 2014: DDR branch office (2) of the Bank, E.S. (hereinafter “D”) granted the instant bill to D Co., Ltd. (representative B; hereinafter “D”) as the purchase price; D (1) C (the first endorsement) made a endorsement and transfer the instant bill in sequence to C Co., Ltd., C Co., Ltd., in order to C Co., Ltd., the third-party Non-Party Co., Ltd., the third-party Non-Party Co., Ltd., the third-party Non-Party Non-Party Non-Party Non-Party Co., Ltd., Ltd., and to E (Representative

(3) On June 10, 2014, the date for payment, Plaintiff A presented a proposal to pay the Promissory Notes to the KOB Industrial Complex Branch of the Enterprise Bank. However, the payment was refused on the ground that the seal imprint affixed on the said Promissory Notes and the signature affixed thereto are different from those registered in the Bank.

(4) Since then, E endorsed and transferred the bill of this case to the Plaintiff, the representative director, in blank, and the Plaintiff A supplemented the column for the payee of the bill of this case to D as the first endorsement before the date of closing argument in the trial.

(B) Under the language and text of the bill, the bill of this case is bound by the series of endorsement to the addressee, the first endorsement, and the next last endorsement).

(1) On March 2014, the Defendant issued to E.S. a check of this case (hereinafter “the check of this case”) indicating that “The amount of this check is paid to the holder and the amount is paid to him.”

(F) No check number of KRW 200,000: F date of issuance: F Bank on July 10, 2014, the name of the Bank and the name of the store: the Bank of Korea (the first date): the Bank of Korea's U.S. branch (2).

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