(영문) 서울중앙지방법원 2014.10.07 2014가단169

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(영문) 서울중앙지방법원 2014.10.07 2014가단169

약속어음금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment as to the main claim

A. The Plaintiff’s assertion (1) The Plaintiff is exempted from the Defendant’s obligation to set up a protest against non-payment by C Co., Ltd. (hereinafter “C”), and accepted and endorsed by C Co., Ltd. (hereinafter “C”), ① (1) the face value of which is KRW 70,000,000; (3) the issuer; (4) the issuer; (4) the issuer; (5) the issuer; (4) the issuer; (5) the issuer; (4) the issuer; and (3) the issuer; and (4) a promissorysory note, the addressee; (5) the issuer; (4) the issuer; (5) the issuer; (4) the issuer; and (5) the issuer; and (5) the issuer; and (4) the issuer; and (4) the issuer; and (5) each of the promissory note, the number of promissory notes issued and endorsed of which is one of the three (1) each of the aforesaid promissory notes issued and payable at the latest.

(2) Thereafter, C, on October 10, 2013, presented each of the instant promissory notes to the Defendant, who was an endorser, on October 17, 2013, and the Plaintiff presented each of the instant promissory notes at the point of Han Bank Sung District on October 17, 2013. However, the payment was refused on the grounds of non-transaction. On September 16, 2014, which was before the closing of the instant argument, filled up the blanks of each of the instant promissory notes and presented

(3) Therefore, the Defendant is obligated to pay to the Plaintiff the sum total of the face value of each Promissory Notes of this case, KRW 280,000,000, and damages for delay.

B. In order for the holder of a promissory note to exercise his right of recourse against the endorser, it is required that the holder of the promissory note, in order to enforce the right of recourse against the endorser, makes a lawful presentation of payment with a promissory note as stipulated in Article 75 of the Bills of Exchange and Promissory Notes Act, but refuses to pay, and the presentment of payment with a promissory note whose part of the above stated matters is not stated, has no effect as a lawful presentation of payment, unless the relief is

Supreme Court Decision 91Da42579 delivered on February 28, 1992

참조조문

-어음법 제75조

-어음법 제76조

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