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1. The Defendant’s notary public’s office C office against the Plaintiff on May 23, 2013 No. 705 of Promissory Notes No. 2013.
Reasons
The Plaintiff’s assertion and determination of the Plaintiff were subscribed to the 25,000,000 Won through the network D, which is the Plaintiff’s mother of the Plaintiff’s assertion. In order to secure the payment of the said fraternity, a promissory note of KRW 25,000,000 and an authentic deed based thereon are stated in the delegation to the network D to prepare a promissory note of KRW 25,000,000 (hereinafter “instant promissory note”) and an authentic deed of KRW 50,00,000 (hereinafter “notarial deed of this case”) on the instant authentic deed. However, there is no stipulation to delegate the preparation of a promissory note of this case.
The Defendant’s assertion that the Plaintiff joined the 50,000,000 won through the network D, and the instant promissory note Notarial Deed was prepared by the network D to secure the payment of the said fraternity upon the Plaintiff’s delegation.
Judgment
The key issue of the instant case is whether the Plaintiff subscribed to the Account of KRW 25,000,000 for the Account and delegated to the Account of KRW 25,000,000 for the purpose of guaranteeing the deposit of the said Account, or whether the Plaintiff subscribed to the Account of KRW 50,000,000 for the Promissory Notes and the Notarial Deed based thereon, and delegated to the Account of KRW 50,000 for the purpose of guaranteeing the deposit of the said Account, and as a result, delegated the preparation of Promissory Notes and a Notarial Deed based thereon.
Whether the authenticity of the deed of promissory notes of this case is established or not, the authenticity of the Plaintiff’s seal affixed to the “ issuer A” of the Promissory Notes of this case is presumed to have been established and the authenticity of the entire Promissory Notes of this case is presumed as the Plaintiff’s seal affixed to the Promissory Notes of this case
Therefore, the Plaintiff is obligated to pay KRW 50,000,000, which is the face value of the Promissory Notes, as the issuer of the Promissory Notes in accordance with the Notarial Deed of this case, to the Defendant and, if not paid, to comply with the compulsory execution.
The addressee or bearer of a promissory note which is judged based on the plaintiff's underlying relations shall be the issuer.