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(영문) 인천지방법원 2021.02.09 2019나71120
어음금
Text

Of the judgment of the first instance, the part against the defendant shall be revoked.

The plaintiff's claim against the defendant is dismissed.

The plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted by the parties, on the ground that the Defendant’s endorsement on the Promissory Notes as of April 27, 2019 (hereinafter “ Promissory Notes”) issued on the issuer E C, the face value of KRW 15 million, I, and the due date for payment, the Plaintiff seeks to pay the amount of the Promissory Notes stated in the purport of the Defendant’s claim.

As to this, the defendant asserts that the endorsement under the name of the defendant stated in the Promissory Notes of this case was forged by L, and that the Promissory Notes of this case is not effective as a lawful presentation for payment since it was presented in the form of a blank space for the payee's disturbance.

B. Determination is based on the following facts: (a) in cases where the holder of a bill claiming performance of his/her name and seal on the bill asserts that the person whose name and seal are written on the bill is forged, the holder is responsible for proving that the holder’s name and seal on the bill is authentic (see Supreme Court Decision 93Da4151 delivered on August 24, 1993); (b) according to the evidence Nos. 1, 7, and 14 written on the back of the bill of this case, it is recognized that the name and seal affixed on the bill of this case to the first endorser column of the back of the bill of this case, and on the other hand, according to the overall purport of each description and change of the evidence Nos. 5 through 7 (including serial numbers) written on the bill of this case’s name and seal affixed on the bill of this case’s name and seal affixed on the first endorser column of the bill of this case’s name and seal affixed on the bill of this case’s name and seal affixed on the bill of this case’s name and seal affixed on the bill of this case’s name.

There is no evidence to determine the person.

Therefore, the Plaintiff’s claim against the Defendant is without merit (the Plaintiff’s claim is rejected for this reason).

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