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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Determination on the part of the claim for payment of KRW 50 million related to the evidence No. 1 ( Promissory Notes)
A. The Plaintiff’s assertion (1) The Defendant, as the issuer of the above promissory note, issued and delivered to the Plaintiff a promissory note with the face value of KRW 50 million, the issue date September 26, 201, and the due date of December 26, 201, the payment place, the place of payment, and each of the Seoul Metropolitan Government (Evidence A). As such, the Defendant, as the issuer of the above promissory note, is obligated to pay KRW 50 million to the Plaintiff, who is the holder of the said note.
(2) Next, since D issued the above Promissory Notes as the representative of the defendant, the defendant is obligated to pay the above Promissory Notes, and even if D did not have the power of representation.
Even if the plaintiff believed that D has the right of representation, and there is a justifiable reason to believe as such, the defendant is obligated to pay the above amount in accordance with the provision of expression agency under the Civil Act.
B. (1) In the event that a person, whose name and seal is indicated in a forged bill and the burden of proof, asserts that his/her name and seal is forged, the person shall be bound to prove that his/her name and seal has been genuinely formed on the bill holder claiming the performance of his/her obligation to the bill. If the drawer’s seal indicated in the bill is recognized as the defendant, it shall be presumed that the seal was affixed by the defendant’s intent. However, this is merely a de facto presumption, and if it is apparent that the seal is affixed by a person other than the defendant, who is the title holder, the above presumption is broken. In this case, it shall be further proved that the plaintiff who submitted the bill as evidence
(2) According to the results of the verification of the seal of the first instance appraiser E, and the fact-finding on the F of the first instance court, there is evidence No. 1 (Promise).