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(영문) 대전지방법원천안지원 2019.06.20 2018가단115432

대여금

Text

1. The Plaintiff:

A. Defendant B shall complete payment of KRW 70,500,000 and KRW 69,00,000 among them from February 9, 2019.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

B. Judgment on deeming confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act). 2. Claim against Defendant C and D

A. In addition to the purport of each statement in Gap evidence Nos. 2-4 (including additional numbers), around June 2018, Defendant C, as a joint and several surety, signed a power of attorney to entrust the preparation of a notarial deed to the effect that each compulsory execution was approved on June 15, 2018, with the authority to commission the preparation of a notarial deed as of June 15, 2018 (as of June 2018, it is recognized that around May 16, 2018, Defendant C, as a joint and several surety, ① borrowed amount of KRW 10,000,000,000 on the date of occurrence, ② borrowed amount of KRW 17,700,000 on the date of occurrence, and KRW 10,000,000 on the date of occurrence, and each power of attorney affixed a seal imprint issued by the Defendants to the Plaintiff on May 16, 2018.

B. A private document is presumed to be authentic when the signature, seal, or seal affixed by the principal or by his/her agent is affixed (Article 358 of the Civil Procedure Act). Thus, in cases where the formation of the portion of the seal affixed by the person who prepared the private document is recognized, barring special circumstances, such as the reversal of such presumption by counter-proof, the authenticity of the entire document is presumed to be established (see Supreme Court Decision 2009Da7762, May 14, 2009).

Defendant C and D asserted that their seal imprints affixed on each of the above delegations were stolen by Defendant B, and thus, they are recognized as having affixed their seal, and there is no counter-proof to deem that Defendant B prepared the above documents without the remaining Defendants’ consent, each power of attorney is presumed to have been duly formed. Accordingly, Defendant C and D, jointly with Defendant B, shall promote the litigation from February 9, 2019 to the date of complete payment, which is the day following the last delivery of the copy of the complaint in this case.