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(영문) 수원지방법원성남지원 2019.01.29 2018가단6555

대여금

Text

1. The Plaintiff:

A. Defendant B: (a) from May 22, 2018, as well as from 12,243,590 won;

B. Defendant C is the Defendant B.

Reasons

1. Basic facts

A. On May 11, 2007, the Defendants prepared a cash custody certificate (hereinafter “instant cash custody certificate”) as follows and issued it to the Plaintiff along with the certificate of the personal seal impression.

I draw up this Certificate, as I have kept the above-mentioned amount in the daily amount of Sacheon,00,000 won.

May 11, 2007 B (person) C (person)

B. On March 2008, the Defendants prepared a loan certificate as follows (hereinafter “the loan certificate of this case”) and issued it to the Plaintiff with the certificate of the personal seal impression.

The next increase in the amount of money: Lee Won-man,00,000,000,000,000,000

C. Defendant B is the spouse of the network D (hereinafter “the deceased”), and Defendant C is the deceased’s child.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. 1) Determination as to the cause of the claim is based on the document’s seal, barring any special circumstance, if the authenticity of the seal imprint affixed to the document is produced by the document’s seal, i.e., the formation of the document’s authenticity, barring any special circumstance. Once the authenticity of the seal imprint is presumed to have been established, the entire document’s authenticity is presumed in accordance with Article 358 of the Civil Procedure Act (see, e.g., Supreme Court Decision 2002Da69686, Apr. 8, 2003). In addition, as long as the document’s authenticity is recognized, the court should recognize the existence and content of the declaration of intent in accordance with the language stated in the disposition document, unless there is any clear and acceptable counter-proof that the content of the document is denied (see, e.g., Supreme Court Decision 2014Da1976, 19783, Feb. 15, 2017).

In light of the aforementioned legal principles, barring any special circumstance, the establishment of the authenticity of the above cash custody certificate and the entire loan certificate is presumed as stated therein.