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(영문) 서울중앙지방법원 2015.04.07 2014나38301
추심금
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. Basic facts

(a) The cover note 1) The original bill (commercial bill or trade bill) held at a discount by the bank, etc. is a new bill issued by the bank in the future of the purchaser by dividing or consolidating the original bill (commercial bill or trade bill) held at a discount by the bank, etc. In this case, the issuer shall be the bank, etc. In this case, the cover note shall be governed by the Bill Act, unless there is a special transaction agreement, in the form of a bill issued at a discount or instruction within the extent of the amount obtained by subtracting the balance of general sales from the balance of discount of commercial bill or trade bill. Therefore, the purchase of the cover note issued by the financial institution at a discount is at the discount of the bill. Therefore, if the cover note is actually issued at the maturity of the cover note, the holder of the cover note shall be requested to the bank before the maturity of one day before the maturity of the bill, and if the bank of the holder of the cover note refers the exchange of the bill to the clearing bank at the clearing bank at the maturity of one day before the maturity of the bill, the issuing bank shall notify the balance payment to the issuing bank through the bill.

3) If a cover bill is issued in real form, not in the form of a passbook, a bank, etc. does not issue a certificate of deposit balance, and the cover note is able to distribute as well as a certificate of deposit so that it is impossible to create a seal imprint, and thus, a seal imprint is not affixed to the bank transaction application. (B) At the request of a stock company A (hereinafter “A”) on April 12, 201, the Defendant stated the issuer, Defendant, at the face value, KRW 1,002,54,453, and KRW 1 billion in discount sales.

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