상속채무금
1. The part of the judgment of the first instance against the Defendants shall be revoked.
2. The plaintiff's defendants who fall under the above revocation part.
Plaintiff’s assertion
The Plaintiff entered into a monetary loan agreement with the deceased G, and lent to the deceased G, ① KRW 1 billion on February 28, 2005, ② KRW 50 million on April 29, 2005, ③ KRW 9.6.20 million on June 9, 2005, ④ KRW 30 billion on June 30, 2005, ⑤ KRW 1 billion on July 28, 2005, ⑤ KRW 6.2 billion on August 29, 2005, ② KRW 20 million on December 27, 2005, ② KRW 40 million on April 27, 2006, annually, and five years from the date of borrowing.
On December 15, 2009, the net G repaid the Plaintiff the total amount of KRW 1 billion out of KRW 3.8 billion.
The deceased G was killed on February 9, 2013, and the Defendants were partially co-inheritors of the network G. As such, the Defendants are obligated to pay to the Plaintiff each money indicated in the claims of the remainder principal of the leased principal amount of KRW 2.8 billion, interest thereon, and delay damages.
Judgment
If, barring any special circumstance, the authenticity of the seal imprinted on a private document is presumed to have been made, barring any special circumstance, if the seal imprinted on the private document’s private document’s seal imprinted by his/her seal, the authenticity of the document is presumed to have been made pursuant to Article 358 of the Civil Procedure Act. However, if the authenticity of the seal imprinted is presumed to have been made, i.e., the presumption that the act of sealing is attributable to the intent of the holder of the title deed, as such, is de facto presumed, the presumption of the authenticity of the seal imprinted by the court as to the fact that the person disputing the authenticity of the seal imprints according to the intention
In addition, considering the fact that the authenticity of a disposal document is recognized, unless there is any clear and acceptable reflective evidence that the content of the document is denied, the existence and content of the declaration of intent according to the content of the document should be recognized, it shall be careful in estimating the authenticity of the disposal document by the seal of the person in charge of the preparation. In particular, the holder of the disposal document shall be delegated by the person in charge of his/her duties or relationship of relatives.