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(영문) 춘천지방법원원주지원 2019.07.25 2017가단33888
어음금
Text

1. Defendant D’s KRW 70,000,000 as well as 5% per annum from October 31, 2014 to August 8, 2017 to the Plaintiff.

Reasons

1. Facts of recognition as the basis;

A. On July 15, 2014, a notary public, at the commission of Defendant D and the Plaintiff, drafted a notarial deed as to each one of the promissory notes (hereinafter “instant promissory notes”) on which the payee, the issuer, Defendant B, and Defendant D, the face value of KRW 70,000,000, and the due date October 30, 2014, the place of payment, the place of payment, and the place of payment, and the place of issuance, respectively, as the original notes (hereinafter “instant notarial deed”).

B. At the time of commission and preparation of the notarial deed of this case, Defendant B did not attend the notarial deed.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. As to the claim against Defendant D, Defendant D is liable to pay the Plaintiff the amount of KRW 70,000,000 and interest thereon or delay damages, on the ground that there is no dispute between the parties as to the fact that Defendant D’s signature and seal on the Promissory Notes in this case as the principal’s intention is directly signed and sealed by the issuer.

B. As to the Plaintiff’s claim against Defendant B, Defendant D was duly granted the power to make the instant promissory note from Defendant B, and issued the said promissory note, and also made the said promissory note in a notarial deed, Defendant B, a joint issuer of the said promissory note, is jointly and severally liable with Defendant D to pay the Plaintiff the amount of KRW 70,000,000 and interest or delay damages after the said payment was made. 2) Defendant B’s assertion that Defendant B did not have delegated the authority to make the instant promissory note and the instant notarial deed to Defendant D.

However, Defendant D arbitrarily prepared the said Promissory Notes using the Defendant’s name and seal, etc.

Therefore, the Promissory Notes in this case are null and void without authority.

3 Specific decision making 3. The entry of Eul evidence 1, witness D's testimony and the whole purport of oral argument.

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