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(영문) 부산지방법원 2020.05.13 2019나66491
어음금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The reasoning of the judgment of this court, which cited the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except where the defendant adds the following judgments as to the assertion that the defendant emphasizes or adds to the court of first instance.

As to the assertion that the bill of this case is null and void, the defendant asserts that the bill of this case is null and void because it was issued by a person without the name of the holder.

However, the signature refers to the entry of the name in writing by the Defendant. Since the fact that the Defendant issued the bill of this case and written his name in writing does not conflict between the parties, or can be recognized by comprehensively taking into account the testimony and the purport of the entire pleadings of the witness D of the first instance trial, the bill of this case is issued by the Defendant’s signature

(A) Even if the signature of the Defendant is affixed to the signature of the Defendant and the seal is not the Defendant, it does not affect the validity of the bill of this case, since the seal is written without interest. The above assertion by the Defendant is rejected.

The defendant asserts that the plaintiff unfairly supplemented the bill of this case against the will of the defendant, who is the drawer, as to the improper supplement of blank bill.

However, in the case of a blank Promissory Notes, it is not issued with the intent of the issuer to make up for the blank portion with the intent of the issuer or the holder of the blank portion. In other words, there is a burden of proving that it is invalid as an incomplete bill, not a blank bill.

(see, e.g., Supreme Court Decision 2001Da6718, Apr. 24, 2001). Since there is no evidence to prove that the Defendant did not issue the bill to the holder, etc. of the bill of this case as an intention to supplement the blank part, the Plaintiff, who is the endorsement, supplemented the blank part (the place of issuance and payment) of the bill of this case.

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