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(영문) 서울중앙지방법원 2017.02.08 2016가단5026443
어음금
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from November 17, 2016 to the date of full payment.

Reasons

1. Grounds for claims: To be stated in attached Form of grounds for claims;

2. Grounds for determination;

(a) Defendant 1: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);

(b) Defendant 3: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

C. As to the claim of Defendant Primary Holdings Co., Ltd., the Defendant Primary Holdings Co., Ltd. issued the instant electronic bill under the pretext of the discount of notes, but the instant electronic bill was divided and endorsed on the instant electronic bill by undergoing fraud from the representative C, D, E, etc., and thus, it did not bear the duty of recourse against the Plaintiff, the final holder of the illegally distributed electronic bill.

The Defendant’s assertion ultimately constitutes the so-called “personal defense” ground, such as the absence of a causal relationship, invalidity, revocation, and cancellation, and the defect of expression of intent constituting the act of a bill, etc., and the Plaintiff, at the time of receiving endorsement transfer of the said electronic bill, must prove the existence of such defense ground and the fact that the Plaintiff acquired the said electronic bill with knowledge that the Plaintiff would prejudice the Defendant, who is the obligor of the electronic bill. There is no evidence to support the fact that the Plaintiff acquired the said electronic bill despite being aware of such circumstance. Thus, the Defendant cannot be deemed to be relieved of the Plaintiff’s obligation to pay the electronic bill for personal defense

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