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(영문) 청주지방법원 2015.06.05 2014가단17732

대여금

Text

1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate of KRW 6% from September 23, 2014 to June 5, 2015.

Reasons

1. The plaintiff's assertion and judgment on this issue

A. The plaintiff's assertion that the plaintiff extended a total of KRW 21,577,630 to the defendant five times as follows, and the defendant is obligated to pay the above loan and the damages for delay to the plaintiff.

1) The instant loan of KRW 10,000,000 on May 20, 2013 (hereinafter “instant loan”).

2) On May 27, 2013, KRW 5,000 (hereinafter “instant loan 2”) KRW 3) 2,160,500 on June 10, 2013 (hereinafter “instant loan 3”) (hereinafter “instant loan 3”).

(4) On July 10, 2013, KRW 2,417,130 (hereinafter “instant loan 4”) 5) July 20, 2013 (hereinafter “instant loan 5”) KRW 2,000,000 (hereinafter “instant loan 5”).

A person shall be appointed.

B. 1) Determination 1) If, barring any special circumstance, the authenticity of the seal imprinted by the holder of a title deed, on which the seal imprinted on the private document was affixed, is presumed to have been made, barring any special circumstance, and once the authenticity of the seal imprint is presumed to have been made, the authenticity of the entire document is presumed to have been made pursuant to Article 358 of the Civil Procedure Act. However, the presumption that the authenticity of the seal imprinted is based on the intent of the holder of a title deed, i.e., the preparation of the seal imprinted is a de facto presumption. Thus, if the person disputing the authenticity of the seal imprinted by the holder of a title deed proves circumstances that the act of affixing the seal pursuant to the intention of the holder of a title deed

(See Supreme Court Decision 2002Da59122 delivered on February 11, 2003). Also, considering the fact that the authenticity of a disposal document is acknowledged, unless there is any clear and acceptable proof that the content of the document is denied, the existence of an expression of intent and its contents should be recognized in accordance with the content of the document, in presumption of the authenticity of the disposal document by the stamp image of the preparing person, and in particular, the holder of the disposal document uses his/her seal with the delegation of the holder of the document’s name by his/her duty or relationship of relatives, etc.