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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Reasons
1. Basic facts
(a) The Promissory Notes Co., Ltd.: (a) the face value of 27,50,000 won at par value on November 29, 2013; (b) the payee D, the due date; and (c) the serial number of Promissory Notes No. 1243, Mar. 31, 2014; and (d) the serial number of the Promissory Notes No.
E. hereinafter referred to as “instant bill”
B) The bill was issued. B. The first endorsement column of this case includes the endorsement in the name of Defendant B, and the second endorsement column includes the endorsement in the name of Defendant C. On the other hand, Defendant B is the dynamics of F, the actual operator of Defendant C, and Defendant C is the F.C. The bill of this case was transferred in sequence from Defendant C to the Plaintiff, the Plaintiff from the Plaintiff to EM industry, and from EM industry to EM industry, to the same Seacare Industries. D. The bill of this case was presented at the due date for payment but the payment was refused on the ground of non-transaction, and the payment was thereafter rejected on the ground of this transaction. After that, the East Seacare Industry Co., Ltd. claimed for payment to the Plaintiff to the EM industry, and the Plaintiff paid and recovered the bill of this case to the Plaintiff to EM industry. [In the absence of dispute as to recognition, the purport of each of subparagraph 1-1-2-1-2-2-2-2-2-3-3, each of the arguments and the purport of the entire pleadings.
2. The assertion and judgment
A. (1) The plaintiff is in possession of the bill of this case, and the defendants are obligated to pay the amount of the bill of this case to the plaintiff as the endorser of the bill of this case.
(2) As to this, the Defendants asserted that F has forged an endorsement in the name of the Defendants on the instant bill.
B. (1) If, barring any special circumstance, the signature affixed to a document is reproduced by his seal, the authenticity of the seal is actually presumed to have been established, i.e., the act of affixing the seal is based on the will of the person under whose name the document is written, and once the authenticity of the seal is presumed to have been established, the Civil Procedure Act