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(영문) 대구지방법원 2017.03.17 2016가단28955
어음금등
Text

1. Defendant Navy Co., Ltd. shall pay to the Plaintiff KRW 90,000,00 and its amount from November 17, 2016 to the date of full payment.

Reasons

1. Determination on the claim against Defendant Seabaum Co., Ltd.

A. Although the Plaintiff supplied goods equivalent to KRW 600,000,000 to the Navy Co., Ltd. from January 2014 to December 2015, the Plaintiff sought payment of KRW 90,000,000 as the price for the goods was not paid. As such, the Plaintiff sought payment of KRW 90,000,000 as well as damages for delay.

(b) Judgment by service based on which recognition is applicable (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant Shin Young-soo Co., Ltd.

A. The facts of recognition (1) Defendant Shin Young-soo, Inc., endorsed to the issuer, Han-nam Commercial Co., Ltd., the par value of KRW 25,000,000, and the payment date of KRW 10 March 10, 2016, the Daegu-si, the payment place, the Daegu-si, the Daegu-si, the Daegu-si, the Daegu-si branch, the place of payment, the place of issue, the issuer, and the promissorysory note whose issue date is in blank (hereinafter “instant promissory note”).

(2) The Plaintiff received the Promissory Notes from Defendant Marine Co., Ltd. as the price for the goods, and possessed them, and thus endorsed and delivered them to Co., Ltd., and the said Promissory Notes was presented for payment at the date of payment, but was refused to pay without trade.

(3) The Plaintiff paid the amount of the Promissory Notes to Co., Ltd., and collected and possessed the Promissory Notes.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 3, purport of whole pleadings

B. As to the cause of the claim, the Plaintiff asserted that since the payment of the Promissory Notes was presented, but the payment was refused, Defendant Shin Young-chul, Inc., the endorser of the Promissory Notes, asserts that the Plaintiff, who is the holder of the Promissory Notes, bears the duty of recourse

In order for the holder to exercise his right of recourse against the endorser, the holder of a promissory note has presented a lawful presentation of payment under a promissory note stating the legal descriptions under Article 75 of the Bills of Exchange and Promissory Notes Act, but has refused payment.

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