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(영문) 제주지방법원 2017.05.25 2016나1434
약속어음금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On April 28, 2015, the Defendant issued, on September 3, 2015, a promissory note, at the face value of KRW 20,000,000, and on September 3, 2015, at the payment place, at the Han Bank Co., Ltd. (hereinafter “instant promissory note”).

B. The first endorsement of the Promissory Notes is composed of B’s endorsement in the form of endorsement, C’s second endorsement in the form of endorsement, B’s third endorsement in the form of endorsement, and Plaintiff’s endorsement in the form of endorsement No. 4.

(each person for whom this award is made shall be the person for whom this award is made).

On September 3, 2015, the Plaintiff, as the final holder of the Promissory Notes, proposed the payment of the Promissory Notes to be made at the Seogro branch of Jeju Bank, Inc., Ltd., but the said Promissory Notes was rejected on the ground of the receipt of the accident report.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, who is the final holder of the Promissory Notes of this case, the amount of KRW 20 million per annum, calculated from February 18, 2016 to the date of full payment, as the Plaintiff seeks, at the rate of 15 per annum, from February 18, 2016 to the date of full payment of the copy of the Promissory Notes of this case.

3. The defendant's argument regarding the defendant's assertion is that the defendant acquired the Promissory Notes in this case by deception B and C, and the plaintiff knowingly received the Promissory Notes in this case by endorsement and transfer, but it is not sufficient to recognize the promissory Notes only with the entries in the evidence Nos. 1 and 2, and there is no other evidence to recognize it. Thus, the defendant's above assertion cannot

4. In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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