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1. The Defendant’s KRW 80 million to the Plaintiff and the Plaintiff’s 6% per annum from April 26, 2014 to December 12, 2014.
Reasons
1. Facts of recognition;
A. On October 2003, the Defendant issued one promissory note with the face value of KRW 80 million, the place of payment, the Seoul Special Metropolitan City, and the place of payment as the substitute branch of our bank (hereinafter “instant note”) in blank, with the issue date, the payee, and the due date as the blank.
B. On October 2013, 2013, the issue date of the instant bill was July 23, 2013, and the due date was October 22, 2013, respectively. The Plaintiff received D’s issuance from D in sequence in the column of first endorsement C and second endorsement.
The Plaintiff, as the final holder of the Promissory Notes, proposed payment at the place of payment on October 23, 2013, but was refused on the ground of misappropriation.
C. On April 25, 2014, the date for the second pleading of the instant lawsuit, the Plaintiff supplemented the addressee of the instant bill to “C” and presented a payment proposal to the Defendant’s agent on April 25, 2014.
[Based on the recognition] Facts in this Court, the absence of dispute, each entry of Gap 1 through 3 (including each number), witness E and Eul's testimony, the inquiry results about the branch office of the Korean bank large-scale branch office of the Korean bank, the purport of the whole pleadings
2. The issuer of a promissory note judged as to the cause of the claim is a person who has promised to pay the amount of the note, and thus is liable to the legitimate holder of the note 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 can be exercised even after the due date until the due date expires, and in the case of filing a lawsuit claiming the amount of the bill against the issuer who is the principal debtor, the right to supplement shall be exercised only until the closing of argument.