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(영문) 대전지방법원서산지원 2016.01.13 2014가단53327
어음금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Claims and issues

A. During the Plaintiff’s assertion that the Plaintiff had a claim for the purchase price of the goods at KRW 252,423,270 for Plusethyl Co., Ltd. (hereinafter “Plusethyl”), the Plaintiff was issued a promissory note with the face value of KRW 42,00,000 (the date of issuance: December 8, 2013; the due date: March 10, 2014; hereinafter “instant bill”).

On March 10, 2014, the Plaintiff was refused to pay the Promissory Notes on the ground that the payment was presented, but the declaration of alteration was accepted.

As long as the Plaintiff received the bill of this case lawfully, the Defendant should pay the amount of the bill to the Plaintiff as the issuer of the bill of this case.

B. The defendant's assertion D altered the bill of this case and delivered it to E, and delivered the bill of this case to the plaintiff as the purchase price for E, including the iron plate.

Since the bill of this case was modified and delivered to the plaintiff, the defendant is not obligated to pay the amount of the bill.

C. The key issue of the instant case is whether the Promissory Notes were distributed according to the Defendant’s intent or have been altered differently from the Defendant’s intent and distributed.

2. According to the reasoning of the evidence No. 1 and the purport of the testimony and oral argument of the witness E, the judgment: (i) D violated, on February 2014, 2014, the amount of the bill of this case to be stated “Ocheon three million won ( 53,000,000)” as “Ocheon three million won ( 42,00,000)”; (ii) on the next side, D violated, on February 8, 2014, two seals of F in advance and affixed thereon; (iii) D was not authorized by the Defendant to alter the bill of this case; and (iii) D did not change the bill of this case only if the act and the actor are somewhat different; and (iv) made the alteration of the bill of this case to the effect that the bill of this case was performed on March 14, 2014.

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