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(영문) 서울중앙지방법원 2014.11.13 2014가합31528

수표금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 20, 2012, the Plaintiff purchased five parcels, including Gangwon Hongcheon-gun E, from D’s representative agent of C Co., Ltd. (the representative director; hereinafter “C”).

B. On August 1, 2012, the Plaintiff confirmed that the above sales contract was terminated between D and D, and received a letter from D to receive KRW 300 million by September 30, 2012 as the refund of the down payment. D affixed a seal on the side of the “Guaranteer: Real Owner D” printed on the lower end of the said letter, and at the same time, the Defendant, who was placed together at the time, signed on the printed “B: Representative Director B.”

C. D, at the same place, issued by another person for the payment of the above KRW 300 million to the Plaintiff, and issued date September 30, 2012. A copy of the per unit of a national bank, stating the purport of exempting the Plaintiff from preparing a protest (hereinafter “the per unit of this case”) was given one copy of the per unit of the national bank. The Defendant signed on the back of the check in the process of giving and receiving the check and delivered it to the Plaintiff.

On October 9, 2012, the Plaintiff presented to the Korea Exchange Bank the instant check of shares, but was denied on the ground of non-transaction.

E. On October 31, 2012, the Plaintiff appears to be a clerical error in the “alternative” of the Defendant, as D fails to perform the above respective duties.

On December 28, 2012, a letter of undertaking was issued to the Plaintiff that KRW 300 million should be paid to the Plaintiff. The Defendant signed all seals of the company on the right side of the “F (Representative) representative director”, “C (Representative Director) representative director” and “G (Representative Director) representative director” printed on the lower end of the said letter of undertaking.

[Reasons for Recognition] Gap's 1 to 4, 6 to 8, 15, Eul's 1 to 7, the purport of the whole pleadings

2. Judgment on the main claim

A. As seen earlier, the Defendant signed his signature on the back side in the process of giving and receiving the check of this case and delivered it to the Plaintiff.