logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1973. 12. 26. 선고 73다1436 판결
[약속어음금][집21(3)민243;공1974.1.15.(480),7652]
Main Issues

In cases where a corporation performs a bill, the method of indicating the representative relationship or representative relationship;

Summary of Judgment

When a corporation intends to act on a bill, it shall indicate that the representative agency acts on behalf of the corporation, and when the representative agency acts on the bill, and when the representative intends to act on the bill, it shall indicate the relation on the bill. There is no special provision on the method of displaying the bill, and there is an indication to the extent that it can be recognizable that the representative act on behalf of the corporation is not on the bill, but on the bill.

[Reference Provisions]

Article 75 of the Bills of Exchange and Promissory Notes Act, Article 76(1) of the Bills of Exchange and Promissory Notes Act, Article 77(1) of the Bills of Exchange and Promissory Notes Act, Article 16(1)

Plaintiff-Appellant

Plaintiff 1 and one other, Counsel for the defendant-appellant-appellee

Defendant-Appellee

Union Steel Industry Corporation

original decision

Busan District Court Decision 72Na171 delivered on August 29, 1973

Text

The original judgment is reversed, and the case is remanded to Busan District Court Panel Division.

Reasons

The grounds of appeal by the Plaintiff et al. are examined comprehensively.

According to the reasoning of the judgment below, the court below determined that the endorsement of this case is null and void on the ground that a corporation's act of a bill can be conducted only by the representative organ, and that the representative organ is acting for the corporation in order to clarify this point in the bill's act of a bill. In light of the column for endorsement of this Promissory Notes, the defendant company issued it to the Yonhap Unemployment Co., Ltd., and the company affixed only the name and seal of "the director of the Yonhap Unemployment Co., Ltd. 2" to the plaintiff 1 and the non-party 1, and the representative director's name and seal are affixed to it.

However, when a company or other legal entity intends to act as a bill, it must indicate that the representative agency acts as a legal entity, and when the representative agency intends to act as a bill, it must indicate the relation on the bill. If there is no special provision as to the method of displaying the bill, it shall be regarded as an agent. If there is an indication to the extent that it is possible to recognize the intent of the act of a bill for itself, not the act of a bill for itself, but the act of a bill for itself, it shall be regarded as an agent. In this case, the indication "non-party 2 of the company of the Union" shall be recognized as a legitimate representation of the company's representative relation. In addition, if the series of endorsement is formally continuous, it shall be deemed that the series of endorsement is continuous, even if it is not continuous, and therefore, the plaintiff et 2 of the above company shall be presumed as a lawful holder of the bill for the series of endorsement, and the court below should reverse the legal principle as to the plaintiff's claim for the series of endorsement without any other legitimate reason.

Therefore, by the assent of all participating judges, the original judgment is reversed, and the case is remanded to Busan District Court Panel Division. It is so decided as per Disposition.

Justices Red Man-Man (Presiding Justice)

arrow
심급 사건
-부산지방법원 1973.8.29.선고 72나171
기타문서