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(영문) 수원지방법원 2017.12.14 2017나62839
어음금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, Eul evidence Nos. 4, 5, and Eul evidence Nos. 6-1, and 6-2, respectively.

On June 19, 2015, the Defendant issued to the Plaintiff the face value of KRW 50,000,000, and the due date of payment on October 3, 2015, and the payment bank branch on a new bank in the Silan Finance Center, and the payee on an electronic bill (bill No. 082105, 06190000813, hereinafter “instant bill”) to the Plaintiff.

B. On July 14, 2015, the Defendant issued an electronic bill (bill number 08820150714000001896; hereinafter “instant bill”) which was due to the construction of sub-construction, with the face value of KRW 21,50,000, and the due date of payment on October 21, 2015, and the payment bank branch, and the payee’s issuance of the electronic bill (bill number 088201507140001896; hereinafter “instant bill”) to the Plaintiff on July 21, 2015.

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion is: (a) the Plaintiff is the holder of the instant bill; (b) on October 27, 2015, the Plaintiff is obligated to pay the Plaintiff, who is the holder of the instant bill, KRW 1,200,00 in total and KRW 71,50,000 in total value of the bill; and (c) on October 27, 2015, KRW 1, and KRW 2, 200 in the Korea Exchange Finance Center of the Korea Exchange, which is the respective payment bank branch of the bill, respectively.

B. In full view of the reasoning of the evidence duly admitted earlier, the Plaintiff: (a) issued the Promissory Notes from the Defendant on June 19, 2015 and possessed them; (b) endorsed and transferred the Promissory Notes to the Industrial Bank of Korea on the same day; and (c) on July 21, 2015, the Plaintiff owned the Promissory Notes by endorsement and assignment; and (b) on the same day, the Plaintiff again endorsed and transfers the Promissory Notes to the Industrial Bank of Korea.

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