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(영문) 부산지방법원 2014.05.23 2012가단24008
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant’s attorney, through the wife C, withdrawn the Defendant’s non-authorized representation on the 14th day of pleading in the instant case.

The Plaintiff shall issue and deliver two promissory notes (hereinafter “instant promissory notes”) as indicated in the table below to the Plaintiff, and the Plaintiff currently holds the instant promissory notes.

(C) Fact that there is no dispute, Gap 1 and 2, and the purport of the entire pleadings). The defendant is obligated to pay to the plaintiff the amount of KRW 50,000,000 and delay damages for the payment of the Promissory Notes on July 8, 201, where the issue date is the par value of the date of issue / the payment date on July 8, 201.

2. The judgment of the Defendant on the Defendant’s defense is that the Promissory Notes of this case planned the Plaintiff to borrow money in the future and delivered as a collateral, but did not actually borrow money.

In addition, the plaintiff cannot respond to the plaintiff's claim on the ground that the cause claim against the plaintiff was fully repaid.

A bill must be dealt with separately from the underlying relationship of the acceptance of a bill as an unmanned act, and since a bill represents rights to a certain bill regardless of the underlying relationship, the holder of the bill can exercise rights to the bill solely on the fact that he/she is the holder, and does not have to prove that he/she has any real interests.

(See Supreme Court Decision 96Da52649 delivered on July 25, 1997, and Supreme Court Decision 96Da52205 delivered on May 22, 1998, etc.). Therefore, in a case where a receiver of a promissory note files a claim against the issuer for the payment of the promissory note against the issuer, the relationship between the issue of the promissory note and the circumstances where the underlying obligation was already repaid should be attested by the issuer’s side that asserts the claim.

First of all, the bill of this case is delivered only to the defendant as a collateral.

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