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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion is a legitimate holder of promissory note 1 (C) with a face value of 45 million won per share, and one (D) with a face value of 15 million won per share, and the defendant is an endorser of the aforesaid promissory note and the per share per share. Since the plaintiff presented a payment of the said promissory note and per share per share at the pertinent place of payment within the statutory due date, the defendant, who is an endorser of the above promissory note and per share per share, shall pay the above amount of the promissory note and per share, and losses for delay, to the plaintiff.
2. If the holder of a check or check exercises his/her right of recourse against the endorser, and seeks payment of the amount of the check or check, he/she shall take measures to preserve his/her right of recourse upon presentment of payment on the date of payment;
However, according to Gap evidence Nos. 1 and 4, and the fact-finding results of this court's fact-finding on our bank, the plaintiff can find that the plaintiff did not present the above promissory note and the per unit to the payment date. Thus, the plaintiff cannot exercise its right of recourse against the defendant.
Therefore, the plaintiff's assertion is without merit.
3. In conclusion, the plaintiff's claim of this case is without merit, and it is so decided as per Disposition.