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(영문) 서울동부지방법원 2017.01.13 2015가단117685

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion asserts that, until May 10, 2012, the Plaintiff supplied the Defendant and C with a total of KRW 75 million per timber supply amounting to KRW 30,000,000,000 per timber supply amounting to KRW 45,500,000,000, not paid from the Defendant, and thus, the Plaintiff should pay damages for delay from May 28, 2012 to the date of full payment.

2. If, barring any special circumstance, the authenticity of the seal imprinted on a private document is presumed to be established, barring any special circumstance, if the seal imprinted on the private document’s seal imprinted by his/her seal imprinted, the authenticity of the document is presumed to be established pursuant to Article 358 of the Civil Procedure Act. Once the authenticity of the seal imprinted is presumed to be established, the authenticity of the document is presumed to be established pursuant to Article 358 of the Civil Procedure Act. However, as such, the presumption that the act of affixing the seal imprinted is attributable to the intent of the holder of the title deed, the presumption of the authenticity is broken if the person disputing the authenticity of the seal imprints

(see, e.g., Supreme Court Decisions 96Da462, Jun. 13, 1997; 2002Da59122, Feb. 11, 2003; 2002Da59122, Feb. 11, 2003). Moreover, in view of the fact that where the authenticity of a disposal document is recognized, the existence of declaration of intent and its contents should be recognized in accordance with the content of the document, unless there is any clear and acceptable counter-proof evidence that denies the content of the document. In addition,

(see, e.g., Supreme Court Decision 2002Da34666, Sept. 6, 2002). We first examine the authenticity of evidence No. 1, which is a disposal document, as shown in the Plaintiff’s assertion, return to the instant case, health class, and the Plaintiff’s assertion.

There is no dispute between the parties as to the fact that the seal affixed to the above Gap evidence No. 1 affixed to the defendant's name is affixed with the seal of the defendant.

Therefore, barring any special circumstance, Gap evidence No. 1.