Main Issues
In the form of endorsement of a Promissory Notes, the language of exemption from the obligation to prepare a certificate of non-payment printed in the same word and the proof in the case of disputing its establishment.
Summary of Judgment
Even if a promissory note is printed on the back page in the form of a vice versa, the statement of exemption from the filing of the protest for non-payment is merely an example, and unless there is any dispute over the establishment of the column, it is reasonable to deem that the above statement of exemption from the filing of the promissory note has been duly formed, unless there is any counter-proof.
[Reference Provisions]
Article 46 of the Criminal Code
Plaintiff-Appellee
Police Officer;
Defendant-Appellant
Mack-scam et al.
Judgment of the lower court
Seoul High Court Decision 58No819 delivered on September 24, 1958, Seoul High Court Decision 2005Da819 delivered on September 24, 2058
Reasons
It is reasonable to view that, even if the statement of exemption from the obligation to prepare a certificate of non-payment is printed in the column of a promissory note, the statement is merely an example, and unless there is any dispute over the establishment of that letter, unless there is any counter-proof, the statement of exemption from the obligation to prepare a certificate has been duly formed, and thus, it is reasonable to deem that the court below exempted the obligation to prepare a protest. Therefore, it is reasonable to hold that the court below exempted the obligation to prepare a certificate of non-payment as stated in the ruling of the court below is just to criticize the interpretation of the duly binding evidence and the
Justices Byunok-ju (Presiding Justice)