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Reasons
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(영문) 서울중앙지방법원 2017.12.12 2016가단42686
어음금
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1. The Defendant: (a) KRW 23,200,000 for the Plaintiff and 5% per annum from March 21, 2016 to April 18, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff acquired, through endorsement in blank, each of the promissory notes as indicated below (hereinafter “each of the instant notes”) entered as the Defendant by the payee:

On March 20, 2016, Mar. 20, 2016, Defendant 1 C, the first endorsement date of which falls short of KRW 1 C, 5,500,000 on October 19, 2015, Defendant 3-E on March 23, 2015, on November 5, 2015, 5,700,000,000 March 20, 2016

B. On October 30, 2015, the Defendant issued a promissory note (hereinafter “instant issued Promissory Notes”) with F as an addressee, with the face value of KRW 8,00,000,000, and the due date of February 28, 2016, and F transferred the Promissory Notes to the Plaintiff after endorsement in blank.

C. The endorser of each of the instant bills and the issued bills exempted the preparation of the protest for non-payment.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-2, Gap evidence 4 and 6, and the purport of the whole pleadings

2. The Plaintiff asserts that the Defendant is liable to pay the Plaintiff total sum of KRW 23,200,000 of the face value of each of the instant bills as the endorser of each of the instant bills of endorsement and the drawer of the instant issued bills. The Defendant asserts that G, who was employed by the Defendant, forged the endorsement in the name of the Defendant on each of the instant bills of endorsement, and forged the issuer of the instant issued bills.

In this case, when the person stated as the obligor on a bill asserts that his name and seal was forged, the holder of the bill claiming the performance of his obligation to the person must prove that his name and seal is authentic. Thus, in this case, the plaintiff is liable to prove that the name and seal of the defendant stated in the column of the endorser and the drawer column is authentic, and in this case, the plaintiff is also liable to prove that the name and seal of the defendant stated in the column of the drawer and the drawer column of the bill, and it is stated in the evidence No. 7, No. 10-2, No. 10-2, No. 13, No. 14-1, No. 2, 3,

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