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(영문) 인천지방법원 2015.04.10 2014가단51106
어음금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The parties' assertion

A. In order to secure the Plaintiff’s assertion against the Plaintiff, the Defendant Company and the Nonparty Company issued each Promissory Notes (hereinafter “instant Promissory Notes”) with the amount, time of payment, and blank notes with the issue date (hereinafter “instant Promissory Notes”) from the Defendant Company and the Nonparty Company, the amount, time of payment, and promissory notes with the issue date (hereinafter “instant Promissory Notes”) from the Defendant Company, the due date, and the issue date (hereinafter “instant Two Promissory Notes”) and delegated the Defendants with the right to supplement each blank Notes.

On May 31, 2014, the Plaintiff holds the face value of KRW 267 million in the instant bill, KRW 100 million in the face value of the instant bill, KRW 100 million in the face value of the instant bill, each due date, May 31, 2014, and each date of issuance on May 31, 2014.

Therefore, the Defendants are obligated to pay the amount of the bill to the Plaintiff as the issuer of the said bill.

B. The Defendants asserted that they either issued each of the instant bills or delegated the right to supplement blanks to the Plaintiff.

2. Determination

A. The Plaintiffs submitted the evidence No. 1-1 and No. 2 as evidence that the Defendants issued each of the instant bills.

If the stamp image of the person in whose name the document was affixed is affixed, unless there are special circumstances, it is presumed that the authenticity of the stamp image is created, i.e., the act of affixing the stamp image is based on the will of the person in whose name the document was written, and once the authenticity of the stamp image is presumed, the authenticity of the entire document is presumed in accordance with Article 358 of the Civil Procedure Act. However, if it is confirmed that the act of affixing the stamp is carried out by a person other than the person in whose name the document was written, the person in whose name the document was affixed shall bear the burden of proving that

(see, e.g., Supreme Court Decision 2002Da69686, Oct. 8, 2003). The testimony of the witness C, D, and E by reference to the overall purport of the pleadings.

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