(영문) 대구지방법원 2016.02.05 2015나10705

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(영문) 대구지방법원 2016.02.05 2015나10705

약속어음금

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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 9,119,687 as well as to the plaintiff on April 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company manufacturing medicines, and the Defendant is a person who runs the wholesale business of medicines in the name of “B”.

B. On July 19, 2013, the Heat Health & Medical Foundation of the first instance trial issued to the Defendant a note with a face value of KRW 10,000,000 and the due date as of April 25, 2014 (hereinafter “instant note”).

C. On January 24, 2014, the Defendant: (a) exempted the Plaintiff from drawing up a protest for non-payment on the Promissory Notes; and (b) endorsed the Promissory Notes in blank to the Plaintiff; and (c) delivered the Promissory Notes to the Plaintiff.

The plaintiff presented the bill of this case within the period of presentment for payment, but was refused to pay it.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-2, and the purport of the whole pleadings

2. The Plaintiff’s assertion and the Defendant have been engaged in pharmaceutical transactions until 2009, and the amount of unpaid pharmaceutical products remaining until now is KRW 9,806,727.

The defendant delivered the bill of this case to the plaintiff for the purpose of securing the above payment. Since the bill of this case was rejected despite the plaintiff's lawful presentation of payment, the plaintiff can exercise his right of recourse against the defendant, who is the endorser of the bill of this case.

Therefore, the defendant should pay to the plaintiff 10 million won at the face value of the bill of this case and the legal interest thereon.

3. Determination as to the cause of the claim

1.(c)

D. As seen in this paragraph, the defendant exempted the drawing up of the bill of this case from drawing up a protest for non-payment and delivered the bill of this case to the plaintiff in blank. The bill of this case was rejected, and the plaintiff currently holds the bill of this case. Thus, the defendant, who is liable to pay as an endorser under the Bills of Exchange and Promissory Notes Act, has the duty to pay to the plaintiff 10 million won at the face value of the bill of this case and the legal interest thereon, barring any special circumstance.

4. The defendant's defense is judged.

참조조문

-어음법

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