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(영문) 창원지방법원 2015.02.11 2014나6682

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The defendant's spouse C borrowed KRW 20 million from the plaintiff on October 1, 2004 (hereinafter the loan of this case) and the defendant's name is written in the joint and several guarantee column of the cash custody certificate (No. A. 1; hereinafter the cash custody certificate of this case) issued by C to the plaintiff at that time, and the defendant's seal impression is affixed next to it.

The amount of cash custody certificate: The day of Won 20 million won (Won 20,000,000): October 1, 2004, the said amount will be repaid until October 30, 2004, and during the above period, the interest shall be borne by the 10 million won (Won 20,000,000).

On October 1, 2004, joint and several sureties: Address B (C's wife): Attached D in Scheon-si: One copy of each certificate of the personal seal impression, which is the borrower and joint and several sureties (the fact that there is no dispute, entries in Gap evidence 1, and purport of all pleadings).

2. The parties' assertion

A. The plaintiff's assertion that the defendant signed and sealed the cash custody certificate of this case and guaranteed the payment of the loan of this case.

Therefore, the defendant is jointly and severally liable with C to pay the above loan amount of KRW 20 million and interest and delay damages.

B. The defendant's seal affixed to the cash custody certificate of this case, which is alleged by the defendant, is affixed with the defendant's spouse C by stealing the defendant's seal, and the defendant's signature and seal as joint and several surety is not possible to respond to the plaintiff's request.

3. Determination as to the cause of action

A. If, barring any special circumstance, the authenticity of the seal imprinted by the holder’s seal imprinted on a private document is presumed to have been made, barring any special circumstance, the authenticity of the seal imprint is presumed to have been made. Once the authenticity of the seal imprint is presumed to have been made, the authenticity of the entire document is presumed pursuant to Article 358 of the Civil Procedure Act. However, the presumption that such authenticity of the seal imprinted is based on the intent of the holder of the title deed, i.e., the act of signing the seal imprinted by counter