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(영문) 창원지방법원 2017.02.10 2016가단11656
약속어음금
Text

1. The Defendants together with the Plaintiff KRW 100,000,000, and the period from July 1, 2016 to Defendant Mine Co., Ltd.

Reasons

1. The Mine Day Co., Ltd. issued a promissory note (hereinafter “instant promissory note”) as follows and delivered it to Defendant Aionte Co., Ltd.:

The bill number: The issue date and the issue date of the electronic bill 0032016030200000009604 [02] par value: 100,000,000 won: on March 2, 2016, the payment date of the company Kimhae-do: June 30, 2016: The payment date of the company: Kimhae-do Co., Ltd.: on March 3, 2016, the instant promissory note was endorsed and transferred to the construction of the beneficiary industry; the construction of the beneficiary industry of the Defendant Co., Ltd. was transferred to the Defendant Co., Ltd. on March 4, 2016; and the Defendant A transferred to the Plaintiff respectively on the same day.

The Promissory Notes in this case was disposed of on March 20, 2016.

[Ground of Recognition] Unsatisfy, Entry of Evidence A Nos. 1 through 3, the purport of the whole pleadings (Defendant A shall be deemed as confessions)

2. Determination

A. According to the facts of the determination as to the cause of the claim, barring any particular circumstance, Defendant Mine Day, as the issuer of the Promissory Notes, is obligated to pay KRW 100,000,000 to the Plaintiff, who is the holder of the Promissory Notes, jointly as an endorser.

B. On the summary of the Defendants’ assertion, the above Defendants issued the Promissory Notes Co., Ltd.’s assertion without any cause to lend funds. The Promissory Notes Co., Ltd. issued endorsement without cause, and the Plaintiff also received without cause to do so. 2) Therefore, the said Promissory Notes Co., Ltd.’s assertion cannot respond to the Plaintiff’s claim, on the grounds that the said Promissory Notes Co., Ltd.’s assertion was issued as a loan bill without cause to do so, and the Defendant Co., Ltd.’s construction of the beneficial industry was knowingly endorsed.

Even if the plaintiff was aware of these circumstances and was delivered without cause.

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