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(영문) 춘천지방법원원주지원 2015.11.12 2015가단686
어음금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Promissory Notes were drawn up in the Defendant’s name with a face value of KRW 150 million, the issue date on July 23, 2013, and the due date on September 30, 2013, respectively, with a face value of KRW 150 million (hereinafter “instant Promissory Notes”).

B. On September 30, 2013, the Plaintiff presented the payment of the Promissory Notes to the Defendant, and demanded the payment of the Promissory Notes.

[Recognizing Facts] Uncontentious Facts, Entry of Evidence A No. 1-1, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the Promissory Notes were issued by the Defendant and sought the payment of the amount of the Promissory Notes.

On the other hand, the defendant asserts that the stamp image affixed on the Promissory Notes of this case is not based on the seal of the defendant, but that C arbitrarily affixed the seal without the delegation of the defendant and made the Promissory Notes of this case.

Therefore, the validity of the Plaintiff’s claim in this case depends on whether the Promissory Notes was issued by the Defendant’s will, i.e., whether the Promissory Notes were established or not.

B. First, the defendant argues that the seal affixed to the Promissory Notes in this case is not based on the seal of the defendant, and this is examined.

In the Promissory Notes of this case, two seals bearing the name of the defendant are affixed.

At the first date for pleading, the Plaintiff stated that the smaller seal among the two seals above is based on his own seal, and that the larger seal is not based on his own seal. On May 20, 2015, the Plaintiff stated that all of the seals, including the small seal, are not based on his own seal.

In full view of the purport of the argument as a whole, the fact that the seal affixed on the Promissory Notes of this case was affixed with the seal registered as the Defendant’s seal imprint as of January 28, 2013 can be recognized as the fact that the seal affixed on the Promissory Notes of this case was affixed.

And the small seal.

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