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(영문) 서울동부지방법원 2016.06.21 2015가합108039
수표금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 25, 201, the Plaintiff leased KRW 400 million to Nonparty Dongdong Korea Co., Ltd., and received a check number B; and around October 25, 201, the Plaintiff received a check number B (hereinafter “instant check”).

B. The check of this case contains the defendant's statement as an endorser and the official seal affixed thereto.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Eul evidence 1-2, Eul evidence 1-1, Eul's testimony, Eul's whole purport of pleading

2. The plaintiff's assertion that the plaintiff lent KRW 400 million to the non-party East Korea Co., Ltd. and received the check of this case as a security. The defendant who endorsed on the check of this case shall also guarantee the debt of the loan to the plaintiff of the non-party East Korea Co., Ltd. which is a cause-based obligation.

3. In principle, a person who has become an endorser in a promissory note issued by another person with respect to which judgment is made shall bear only the obligation arising from the endorsement, and shall bear the responsibility to guarantee the obligation arising therefrom, only if he/she has endorsed to the obligee that he/she will guarantee particularly the obligation that constitutes the cause for his/her issuance

(2) The Plaintiff’s assertion is without merit, on the ground that there is no evidence to prove that the Defendant endorsed the bill to the effect that it guarantees the obligation which was the cause of the issuance of the bill of this case.

4. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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