logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.12.23 2015다20698
청구이의
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

In the case of a blank Promissory Notes, the issue of whether the issuer or the holder of the Promissory Notes has issued the Promissory Notes with the intent to supplement the blank Notes shall not be issued with the intent of the issuer to supplement the blank Notes. In other words, the burden of proving that the Promissory Notes are invalid as an incomplete Promissory Notes.

(2) The court below rejected the Plaintiff’s claim on the ground that, in light of the circumstances indicated in its holding, it can be deemed that the Plaintiff provided the Defendant with the authority to supplement the person who entrusted with the power of attorney and promissory note and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney and the person who performed the duty of attorney on the promissory note.

According to the records, the parties to the instant sales contract for the key machine are the Plaintiff and C&K. However, in light of the documents issued at the time of entering into the sales contract for the key machine and the circumstances of installment transactions, etc., it is difficult to view that the circumstance or evidence alleged by the Plaintiff alone was insufficient to sufficiently prove that the Plaintiff did not issue the right to supplement the blank bill to the non-specific persons or the creditors designated by C&K at the time of entering into the sales contract for the key machine sales contract for the key machine sales business. Therefore, the lower court’s aforementioned determination is based on its conclusion.

arrow