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(영문) 서울중앙지방법원 2013.08.13 2012가단201487
약속어음금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts following the facts do not conflict between the parties, or can be found in full view of Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 1 and 6, and witness evidence Nos. 1 and 6, and the whole purport of the pleadings.

The defendant is D's mother. D's name is stated in the issuer column of the Promissory Notes (hereinafter "the Promissory Notes") stating the following matters at the office of a lending company operated by E on January 23, 2008 as "F" (hereinafter "the Loan company of this case"). The issuer column of the Promissory Notes bears H's name and seal in the issuer column of the Promissory Notes. The Promissory Notes is the Promissory Notes issued under H and the defendant's joint name. H is not the defendant of the lawsuit of this case, and H is not the defendant of the lawsuit of this case, and the Promissory Notes is regarded as the Promissory Notes issued under the name of the defendant.

The instant bill was issued to the Plaintiff through E and G, who is its employees on the same day.

Par value: 100,000,000 issue date: January 23, 2008: The plaintiff

B. The Defendant was adjudicated as quasi-incompetent on October 15, 2008 in the case of the adjudication of quasi-incompetent with Seoul Family Court Decision 2008Ra3768 (Seoul Family Court) and became the Defendant’s guardian pursuant to Article 934 of the former Civil Act (amended by Act No. 10429, Mar. 7, 201).

C. The Plaintiff is holding the Promissory Notes as of the date of the closing of the instant argument.

2. The parties' assertion

A. The plaintiff's assertion is that the bill of this case was issued by D as a proxy with the defendant's name and seal affixed under the defendant's authorization, and even if D issued the bill of this case under the defendant's name without the defendant's authorization, D is the defendant's child and the defendant's resident registration certificate, seal affixed, etc. at the time of issuing the bill of this case under the defendant's name.

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