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(영문) 대전지방법원 천안지원 2017.02.15 2015가단14811
어음금
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion A (trade name B) is a bill number

C. Par value 25,00,000 won, the place of issue and the place of payment, the new bank, the new bank, the payment place, and the promissory note (hereinafter “instant promissory note”) dated April 20, 2015, issued without exempting the filing of a payment refusal certificate, and the Defendant Dae-il Construction, as the primary endorser, is the secondary endorser, and D is the secondary endorser, and D is the secondary endorser, and as the secondary endorser, respectively endorsement and transfers the instant promissory note as the fourth endorser, and the Plaintiff holds the instant promissory note by endorsement and transfer from E.

The Defendants, as an endorser, have the obligation to pay to the Plaintiff the interest or delay damages as to the Promissory Notes amounting to KRW 25,000,000 as well as to the Plaintiff on the day following the maturity

B. The Defendants’ assertion 1) Although the Construction Co., Ltd. entered an endorsement in the first endorsement column of the Promissory Notes, the face value at the time was KRW 110,00,000, and thereafter, the Promissory Notes was deleted and returned to the issuer. 2) The endorsement by the Defendant Co., Ltd. Co., Ltd. was forged.

2. According to the statement No. 1-1 and No. 2 of the judgment of the court below, the first endorsement column of the face value of the Promissory Notes in this case has the name and the official seal in the name of the defendant Lins General Construction Co., Ltd., and the second endorsement column has the name and the official seal in the name of the defendant Lins General Construction Co., Ltd., and the second endorsement column is recognized.

Meanwhile, according to the evidence No. 4, No. 1-2, No. 1-2, No. 1-2, No. 2-1, No. 2-3, and No. 1-3, and the witness testimony and the purport of the whole pleadings by the Defendant F, the Defendant Lins General Construction Co., Ltd. endorsed in the first endorsement column of the Promissory Notes to the Kins General Construction Co., Ltd., and deleted, and returned the Promissory Notes to the issuer’s side, stating that “the deletion of endorsement” was made, and G deleted the face value from the deleted endorsement of the Defendant Lins General Construction Co., Ltd. to the Kins General Construction Co., Ltd.

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