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(영문) 의정부지방법원 2015.09.18 2014가단44048
약속어음금
Text

1. The Defendant Self-help Co., Ltd.: (a) KRW 99,00,000 and its amount from June 3, 2015 to September 18, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around September 2012, Defendant Jinypt Co., Ltd. (hereinafter “Defendant Jinypt”) issued one promissory note (hereinafter “instant promissory note”) at the place of payment, i.e., the issue date, in blank, at the face value of KRW 99 million, and at the Namyang-si, the place of payment, i.e., the National Bank of Korea (hereinafter “Defendant C”); and (ii) the recipient C Co., Ltd. (hereinafter “Defendant C”).

B. At that time, the Plaintiff received from Defendant B the bill of this case, which was endorsed in sequence to Defendant B, in the column of the first endorsement (representative E) and the second endorsement, in the column of F, the third endorsement, and in the column of the fourth endorsement, the bill of this case, which was endorsed to Defendant B.

On October 29, 2012, the Plaintiff, as the final holder, presented a payment proposal for the Promissory Notes without supplementing the issue date at the place of payment, but was refused on the ground of non-transaction.

C. During the proceeding of this case, the Plaintiff supplemented the column for the issuance date of the Promissory Notes stating “ September 13, 2012” in the column for the issuance date of the Promissory Notes, and supplement the column for the issuance date of the Promissory Notes.

“The Plaintiff’s preparatory brief dated May 29, 2015, stating the purport, was served on the Defendant Jinypt on June 2, 2015.

[Reasons for Recognition] Facts, non-contentious facts, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the defendant's claim on the part of the defendant.

(a) The drawer of a Promissory Notes is a person who has promised to pay the amount of the Promissory Notes, and thus is liable to the legitimate holder for the Promissory Notes as the principal obligor;

In addition, the issuer's principal obligation is the obligation to pay the bill from the maturity to the maturity of three years, regardless of whether the holder of the bill withdraws the procedure for the preservation of the right of recourse, so the holder of the bill can be paid the amount of the bill by presenting the payment to the issuer before the expiration of the maturity period.

On the other hand, the filling of blank notes is until the prescription expires.

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