beta
Main Issues
(a) The scope of defects cured by bona fide acquisition of the bill;
(b) The case recognizing bona fide acquisition, in case where an endorsement under the name of a company on the face of a bill was acquired by means of a discount of the bill from the general manager who forged the endorsement, on the face of the bill, on the face of the bill;
Summary of Judgment
A. The scope of defects that are cured due to the bona fide acquisition of a bill includes not only the transferor but also the transferor's defects or defects in the power of representation.
(b) The case recognizing the bona fide acquisition, in case where an endorsement under the name of the company on the face of a bill was acquired by means of the discount of the bill from the general secretary who forged the endorsement, on the face of the bill, on the face of the bill.
[Reference Provisions]
Articles 77(1)1 and 16(2) of the Bills of Exchange and Promissory Notes Act
Reference Cases
A. Supreme Court Decision 93Da32118 delivered on September 24, 1993 (Gong1993Ha, 2930)
Plaintiff-Appellee
The Republic of Korea, the Republic of Korea, and one other
Defendant-Appellant
[Defendant-Appellant] Jin-Jin-Jin et al., Counsel for defendant-appellant-appellant-appellant]
Judgment of the lower court
Seoul Civil District Court Decision 94Na22322 delivered on September 30, 1994
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The First and Second Grounds for Appeal
The court below confirmed that the non-party 1 was the non-party 1's bearer company's name and the non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 9's non-party 1's non-party 1's non-party 1's non-party 1's non-party 9's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 3's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing defendant. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jong-sik (Presiding Justice)