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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D’s issuance of promissory notes, etc. 1) On March 2, 1995, while running the “F” in Suwon-si, D’s loaned KRW 20 million from the G cooperative, D’s consent was obtained from H to obtain the H’s joint and several sureties’s seal impression and seal impression. D’s personal seal impression and seal impression were issued from H to the Plaintiff’s husband in the name of the J through J, by deceiving the sureties as necessary to purchase the goods on credit to the said female and then obtaining a certificate of personal seal impression and seal impression in the name of the Plaintiff who is the husband of J through J. 2. 2) as it guarantees the payment of the obligation of KRW 40,000,000,000 for a blank Promissory Notes issued by oneself and the Plaintiff’s seal impression are arbitrarily affixed to the Plaintiff’s letter of delegation and the Plaintiff’s seal impression, and the said Article may not be known to K to the effect that it has forged the Plaintiff’s rights and obligations and duties, etc.
3) After supplementing the Promissory Notes, K filed a claim against I and the Plaintiff for payment of the amount of the Promissory Notes, but K and the Plaintiff did not comply with it by asserting the forgery of the said Promissory Notes. Accordingly, K filed a complaint against D with D by means of forging securities, forging private documents, etc. In the course of investigation, D led to a confession of his crime and indicted as the above facts charged. 4) On November 29, 196, the Suwon District Court convicted D of the facts constituting the crime, such as forging of securities and forging of private documents, and sentenced D to imprisonment for 10 months.
5) AD appealed, but at the appellate court, the sentence of one-year imprisonment was rendered and confirmed as it is. (b) K as it is, separate from the above criminal complaint, against the Plaintiff and I.