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(영문) 광주지방법원 2016.06.09 2015가단30034

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 7.5% per annum from January 1, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. C in the name of August 27, 2014, “C borrowed KRW 39,529,000 from the Plaintiff to August 2014, 2014,” and the interest shall be repaid at a rate of 7.5% per annum, and the interest shall be paid at a rate of 7.5% per annum. In a lump sum, the promise shall be paid at a rate of 40,000,000 by the agreed due date, and interest shall be settled and paid by the due date. C written statement of payment that the Plaintiff shall not raise an objection upon the Plaintiff’s request for compulsory execution. C written statement of payment that “The Plaintiff shall not raise an objection upon the request of compulsory execution.” The name of the debtor column of the foregoing payment note was on the name of the debtor column of the foregoing payment note, the column of the suspended amount was on one of the “one hundred and twenty million Won (40,000,000 won)”, and the name of the debtor column of the lower portion was affixed with three seal affixed in C.

(A) Evidence No. 4 and appraiser D’s seal appraisal result, hereinafter referred to as “instant letter of payment”). (b)

C On June 25, 2015, upon death of June 25, 2015, its mother succeeded C independently.

(C) 2. 2. The authenticity of the signature holder’s seal affixed on the private document is presumed, unless there are any special circumstances, if the signature holder’s seal affixed on his/her private document is reproduced by his/her seal, and once the authenticity of the seal is presumed, the authenticity of the document is presumed to have been established pursuant to Article 358 of the Civil Procedure Act. However, the presumption that the act of affixing the seal is attributable to the intention of the title holder, i.e., the formation of the document is actual presumption. Thus, if the person who disputes the authenticity of the seal imprint proves circumstances that the act of affixing the seal is attributable to the intention of the title holder, the presumption of the authenticity is broken if he/she proves that the person who

(See Supreme Court Decision 2002Da59122 delivered on February 11, 2003, etc.). Moreover, the existence and content of a declaration of intent in accordance with the content of the document should be recognized, inasmuch as the authenticity of the document is acknowledged, unless there is any clear and acceptable evidence to deny the content of the document.