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(영문) 인천지방법원 2016.07.19 2016가단18622
약속어음금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties’ assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion is the final holder of the Promissory Notes as indicated in the attached Form (hereinafter “instant Promissory Notes”). The Defendant is the endorser of the said Promissory Notes.

The Plaintiff presented a bill at the place of payment on the date of the payment of the bill of this case, but the payment was refused on the ground of non-transaction.

Therefore, the Plaintiff seeks payment of the Promissory Notes amounting to KRW 33,900,000 and damages for delay against the Defendant, who is the endorser of the Promissory Notes.

B. The Defendant’s summary of the assertion did not have made an endorsement on the bill of this case, and the endorsement in the name of the Defendant stated in the bill of this case was made voluntarily by C, who is the Defendant’s child, and thus, the Plaintiff’s claim cannot be complied with.

2. Where the holder of a bill claiming that his/her name and seal is forged on the bill, the holder specified as the obligor shall prove that his/her name and seal on the bill is authentic;

(2) The court below erred by misapprehending the legal principles on the following facts: (a) the Defendant’s name and seal indicated in the bill of this case is not sufficient to recognize that the Defendant’s name and seal indicated in the bill of this case was genuine according to the Defendant’s intent; (b) the Plaintiff stated in the evidence No. 2 (C) that “A voluntarily endorsed the bill of this case without the Defendant’s consent; and (c) the Plaintiff stated in the purport that “A voluntarily endorsed the bill of this case without the Defendant’s consent; and (d) the Plaintiff did not directly deem the Defendant’s endorsement; and (e) C had the bill of this case endorsed with the Defendant’s name.”

3. According to the conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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