(영문) 서울중앙지방법원 2017.03.29 2016나53434

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(영문) 서울중앙지방법원 2017.03.29 2016나53434

어음금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 9, 2009, the Plaintiff received a promissory note with the issuer C and the Defendant, the payee, the Plaintiff, the face value of KRW 8,000,000, the date of issuance, and the date of payment on December 9, 2009 (hereinafter “instant promissory note”). On the same day, a notary public entrusted the preparation of the said promissory note notarial deed at the law firm office.

B. Accordingly, the No. 157 No. 2009 No. 157, stating the declaration of intention to recognize compulsory execution, was prepared. At the time of the preparation of the said No. 309, C participated in the said No. 157 as the defendant’s agent. Meanwhile, the Plaintiff and the Defendant did

C. C submitted a power of attorney in the name of the defendant, accompanied by a certificate of personal seal impression, when entrusting the preparation of the above notarial deed.

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

2. The plaintiff asserts that the defendant, as the issuer of the Promissory Notes of this case, is liable to pay the remaining 4,800,000 won after deducting the 3,200,000 won at par value from the 8,000,000 won at face value, and the damages for delay thereof. Accordingly, the defendant asserted that C had no responsibility for issuing the said Promissory Notes under the name of the defendant without the delegation of the defendant.

3. In the event that the authenticity of the seal imprint affixed to a document is reproduced by his seal, barring any special circumstance, it is presumed that the act of affixing the seal is based on the will of the person who prepared the document. On the other hand, when the authenticity of the seal imprint is presumed, the authenticity of the document is presumed as a whole. However, if it is proved that the act of affixing the seal was done by a person other than the person who prepared the document, the document presenter is bound by the legitimate title delegated by the person who prepared the document.

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