(영문) 광주지방법원 2017.01.19 2015가합57753

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(영문) 광주지방법원 2017.01.19 2015가합57753

제권판결불복

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1. As to a case of application for public summons No. 2013 Chicago115 of this Court, this Court is recorded in the separate sheet on December 23, 2013.

Reasons

1. Basic facts

A. On August 7, 2013, the Defendant filed an application for public summons as to the instant schedule on the ground that the Defendant lost, at around May 20, 2013, the Defendant’s secondaryism, the number of units indicated in the separate sheet issued by the Defendant (hereinafter “instant schedule”) from the Defendant’s office, around May 20, 2013.

B. Accordingly, on September 10, 2013, the court rendered a public summons to the effect that “the holder of the check of this case shall submit a report on the right or claim to this court by December 23, 2013,” but did not report the right or claim to the check of this case by the aforementioned maximum date.

C. On December 23, 2013, the Defendant appeared on the date of the public summons in the instant case and made a statement to the effect that “round May 20, 2013, the instant check was lost.” On the same day, the instant court held that “the nullification judgment (hereinafter referred to as “the nullification judgment”) with the content of declaring the invalidity of the instant check on the same day.”

(d) On the other hand, during the period from March 11, 1997 to September 5, 2014, Nonparty C was sentenced to the Defendant’s general partner and its other period from May 13, 2002 to February 22, 2004, and the Defendant’s representative from 2002 to 2004 among them, and Nonparty D acquired the instant check of shares in blank for the repayment of loans, etc. from the above C, and the Plaintiff acquired the check of shares in blank from D on June 3, 2015 to June 23, 1998, and the Plaintiff did not dispute over the payment of each of the above blank portion during the period from May 13, 2002 to February 22, 2004.

2. Judgment on the main defense of this case

A. The Defendant’s assertion of this case is a check whose issue date is blank, and the Plaintiff filed a report on the loss from August 7, 2013.

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