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(영문) 대법원 1961. 7. 31. 선고 4293민상841 판결
[수표금][집9민,040]
Main Issues

The case which failed to complete the hearing on the claim for redemption of profits by the person who acquired the check after the expiration of the period of suspension of the law.

Summary of Judgment

The case which failed to complete the deliberation on the claim for reimbursement of benefits by the person who acquired the check after the expiration of the period of suspension of the law.

[Reference Provisions]

Section 29 of the Absolute Act, Section 39 of the Absolute Act, Section 32(2) of the Absolute Act

Plaintiff-Appellant

No. 200

Defendant-Appellee

Jeju Bank, Inc.

Judgment of the lower court

Seoul High Court Decision 60No487 decided Oct. 14, 1960

Reasons

Article 29 of the Sub-Section 1 of the Sub-Section 29 of the Sub-Section 29 of the Sub-Section 39 of the Sub-Section 39 of the Act is limited to the date of entry into the Republic of Korea, and the holder of a check loses his right to recourse against the payer or other debtor without the due date for the payment within the said period. However, even if the holder of a check loses his right to recourse against the non-party 17th of November of the same year, the payer may pay the check even after the expiration of the due date, and Article 24 of the same Act recognizes the validity of the check (effective of the assignment of nominative Claim) after the expiration of the due date, the court below rejected the plaintiff's request for the issuance of the non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's rights.

Justices Han-jin (Presiding Justice) Han-jin (Presiding Justice)

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