손해배상(기)
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
At the trial, the defendant alleged that the seal of the defendant, which is the certificate of loan No. 2, written by the defendant as the debtor of the loan of this case, was stolen, and the defendant submitted the evidence No. 11 through No. 15 (including the number of pages) as additional evidence of the argument that the defendant was not the debtor of the loan of this case.
However, there is no evidence to acknowledge the Defendant’s assertion that the seal affixed to the Defendant No. 2 was stolen, and, as long as there is no clear and acceptable evidence to deny the content, No. 2, a disposal document, should recognize the existence of a juristic act in accordance with the content thereof (see Supreme Court Decision 2002Da34666, Sept. 6, 2002). In addition to the above evidence presented by the Defendant at the first instance trial of the evidence submitted by the Defendant at the court of first instance, it is difficult to see that there is a clear and acceptable evidence to deny the content of No. 2, even if it is included in the evidence presented by the Defendant at the court of first instance.
Therefore, the reasoning of the judgment of this court is the same as that of the judgment of the court of first instance, and thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.
Therefore, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed.