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(영문) 광주지방법원 2019.02.21 2018가단519750
수표금청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The following shares of the Defendant’s issuance (hereinafter “instant check”) exist:

Check Number: Par value of C: Issuer of blank: Gwangju Metropolitan City at the issue place and payment place of a limited partnership:

B. On August 7, 2013, the Defendant filed an application for a public summons on the instant check on the grounds that the instant check was lost at the Defendant’s office at around May 20, 2013, with the Gwangju District Court 2013KaGong115 (hereinafter “instant judgment”). On December 23, 2013, the Gwangju District Court rendered a judgment of nullification on the instant check (hereinafter “instant judgment of nullification”).

C. Meanwhile, during the period from March 11, 1997 to September 5, 2014, D, from June 3, 1997 to June 23, 1998; from May 13, 2002 to February 22, 2004, each Defendant’s general partner and partner with limited liability; from May 13, 2002 to February 22, 2004, as the Defendant’s representative member, during the period from 2002 to 2004, E received and acquired the instant check in blank for repayment of loans, etc. from the said D.

On June 22, 2015, the Plaintiff received the instant check from E in blank, and acquired it on June 22, 2015, presented payment proposal to the FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF

E. On July 20, 2015, the Plaintiff filed a lawsuit for objection to a judgment of nullification with the Gwangju District Court 2015Gahap57753, and won the judgment on December 1, 2016. The Defendant appealed against the above judgment and received a judgment of dismissal of the appeal in the Gwangju High Court 2017Na10748. The said judgment became final and conclusive on December 23, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including the number of evidence available), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is a lawful holder of the instant check.

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