Main Issues

Promissory Notes and erroneous findings of fact that do not include the representative requirements of the company

Summary of Judgment

A bill which is signed and sealed only by the name of the company and the name of the representative director and is not indicated as a representative of the company can not be issued in the capacity of the representative.

[Reference Provisions]

Article 75 of the Criminal Code

Plaintiff-Appellee

Edifications

Defendant-Appellant

Byung, Inc.

Judgment of the lower court

Seoul High Court Decision 58 civilian 23 decided March 18, 1958

Reasons

A promissory note is an essential instrument and its content should be determined by the statement, but the court below erred in the misapprehension of the legal principles of the Promissory note that the number of deposit deposits in the Defendant Company had entered the promissory note as the representative of the Defendant Company by taking full account of the witness's testimony and the whole purport of the party's pleading in the contents of the Promissory Note (Evidence No. 1) in which the non-party's name and seal only affixed to the number of deposit deposits in the name of the Defendant Company, and the non-party's name and seal is not indicated as the representative of the Defendant Company.