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(영문) 서울중앙지방법원 2018.12.13 2017나91389

어음금

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. The reasoning for this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. The parties' assertion

A. The Plaintiff’s primary cause of claim 1) - G, who is the general secretary of the Defendant’s general secretary responsible for the payment of a bill based on the valid power of representation, affixed the Defendant’s seal and affixed the Defendant’s seal to each of the instant bills of endorsement, or issued and delivered them to the Plaintiff. As such, the Defendant is liable to pay the Plaintiff, who is the holder of the bill of endorsement, the amount of each of the instant bills of endorsement and issued. 2) The primary cause of claim - even if G has forged each of the instant bills of endorsement and issued, G is liable to act as an expression agent - even if it has forged each of the instant bills of endorsement and issued, G is liable to act as the representative director of the Defendant’s representative before the establishment, and is the general secretary in charge of accounting affairs from I to B, which was established and operated by the Defendant, to the Defendant, and continuously engaged in transactions with the Plaintiff while acquiring a bill of exchange issued or endorsed under the Defendant’s name, and the Plaintiff has received payment from the Defendant for the payment of the bill in the Defendant’s account or J.

Therefore, since the plaintiff believe that G is entitled to act as a bill, the defendant is liable to pay the amount of the bill to the plaintiff.

3 3 Preliminary Claim 2 - employer liability G, even if each of the instant bills of endorsement and issuance were forged, G, as a general secretary in charge of the Defendant’s accounting affairs, has issued or endorsed promissory notes in the name of the Defendant while keeping the seals of the Defendant.