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(영문) 대법원 1964. 10. 31. 선고 63다1168 판결
[약속어음금][집12(2)민,154]
Main Issues

Effect of endorsement of promissory notes with no name and seal affixed by the representative of the corporation

Summary of Judgment

Since the act of a juristic person can only be realized by representative relations, it is necessary to indicate that the representative agency is acting for the juristic person in the act of a bill of exchange, that is, there is a representative qualification, and put its name and seal on it.

[Reference Provisions]

Articles 13, 14, and 15 of the Bills of Exchange and Promissory Notes Act

Plaintiff-Appellee

Gambling Seas

Defendant-Appellant

Kim Tae-hee

Judgment of the lower court

Military acid Support in the first instance, and Jeonju District Court Decision 63Na269 delivered on October 18, 1963

Text

Of the original judgment, the part against the defendant is reversed.

The case is remanded to the Jeonju District Court Panel Division.

Reasons

Defendant 2’s ground of appeal No. 2

Since the act of the non-party corporation can be realized only by the representative organ, it is necessary to indicate that there is a representative figure that the representative organ is acting for the corporation in order to clarify this point on the securities because it is conducting the act of a bill, and that the person must affix his name and seal thereto. If the endorsement of the Promissory Notes (Evidence A) is followed, the Korean National Bank of the non-party corporation, the Korean National Bank of Korea, from the plaintiff to the plaintiff, stated that the transfer of endorsement was made again to the plaintiff, and affixed its seal to the company only as the additional branch of the Korean National Bank, and because there is no representative’s seal and seal affixed thereon, this endorsement shall be null and void. Accordingly, the plaintiff cannot be deemed a legitimate holder of the Promissory Notes.

Therefore, without proceeding to wait for the judgment on the first ground for appeal, the part of the defendant's failure in the original judgment among the original judgment should not be reversed as this point, and it is so decided as per Disposition by the assent of all participating judges, in order to have the original judgment adjudicate again.

Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu

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심급 사건
-전주지방법원 1963.10.18.선고 63나269
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