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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant was issued a promissory note with a face value of KRW 500,000,000 (hereinafter “instant promissory note”) from the Plaintiff while lending money to the Plaintiff several times from September 2004.
The Promissory Notes of this case was written in blank as the addressee, the issue date, the place of issue, the date of payment, the place of payment, and the place of payment, respectively, and was written in the issuer column as “Game Do, E, and A”, and the stamp image of the other original form was affixed on the name of the said Plaintiff.
B. Since then, the Defendant entered “B” in the recipient column of the Promissory Notes, “B, February 23, 2013,” “F, May 30, 2013,” “Seoul Metropolitan City” in the payment date column, and completed a notarial deed of the Promissory Notes to the effect that, on July 3, 2013, the Plaintiff, acting for the Plaintiff, recognized compulsory execution based on the Promissory Notes of this case, on behalf of the Plaintiff. On November 14, 2014, the Defendant applied for an order of seizure of shares against the Plaintiff as a claim bond against the Plaintiff under the notarial Deed of this case, and received the acceptance on November 18, 2014.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 5, the purport of the whole pleadings
2. The Plaintiff’s assertion of the instant promissory note No. 1-A in good faith does not bear any obligation against the Defendant.
Since the part in each blank of the Promissory Notes issued as stated in the subsection is filled without permission by the defendant, and the seal of the plaintiff is affixed arbitrarily, and forged promissory Notes are based on forged promissory notes, compulsory execution based on the Notarial Deed of Promissory Notes of this case shall be dismissed.
3. Determination
(a) If the person stated in the bill as the obligor asserts that his name and seal is forged, the person shall be entitled to demand performance of his obligation to the bill;