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(영문) 수원지방법원성남지원 2017.11.17 2015가단27544
수표금
Text

1. The part concerning the claim for confirmation of voting rights in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

Basic Facts

The Intervenor joining the Defendant (hereinafter referred to as the “Supplementary Intervenor”) promoted a real estate development project to build and sell a charnel house jointly with the Hode Construction Co., Ltd. and to gain profits therefrom, and in the process, the Hode Construction Co., Ltd. borrowed KRW 350,000,000 from the Plaintiff as funds for the said real estate development project.

- On March 2015, 2015, the Intervenor issued one sheet of 350,000,000 won per share (hereinafter “instant check”) to secure the Plaintiff’s obligation to borrow 350,000,000 won as loans, which are paid to Haman, Korea Bank Tro, Inc., and Sungnam-si, the issuing place, and the medical corporation B (hereinafter “the instant foundation”) of the medical corporation (hereinafter “the instant foundation”) endorsed on the instant check with the intent to guarantee the Intervenor’s obligation to repay the Plaintiff’s check amount.

- The Plaintiff, the holder of the instant check, presented the check payment on May 27, 2015, but was rejected on the ground that the check was lost.

On May 5, 2015, the Intervenor reported the loss of the instant check on May 5, 2015, and on May 27, 2015, deposited KRW 350,000,000 at the face value of the instant check at the point of the Korea Bank Telecommunication Station Co., Ltd. as an accident reporting security.

- The assistant intervenor applied for a public summons seeking a nullification judgment of the instant check in support of Suwon District Court, and the said court rendered a nullification judgment on October 19, 2015 on the ground that there was no person who filed a public summons on July 14, 2015 and filed a report of the right by the deadline specified in the public summons.

- Meanwhile, the Plaintiff received KRW 350,000,000, which was deposited by the Intervenor on September 14, 2015, prior to the deadline stipulated in the public summons of the said court.

The progress of rehabilitation procedures for the Foundation of this case - The Foundation of this case.

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