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(영문) 대법원 2015.01.15 2014다221890
공탁금출급청구권확인
Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff succeeding intervenor.

Reasons

The grounds of appeal are examined.

The judgment below

According to the reasoning, the court below held that the above promissory note No. V. was made out by the commission of an unauthorized representative, and that the above promissory note No. V. was invalid as an executive title on the ground that U.S.’s act was made out a promissory note No. 250,000 won at par value with the Plaintiff et al. as the issuer and the Plaintiff’s agent as the Plaintiff’s agent.

In light of the relevant legal principles and records, the above fact-finding and judgment of the court below are just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to unauthorized representation, or in violation of the principle of free evaluation of evidence against logical and empirical rules

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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