매매대금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. On March 12, 2008, the Plaintiff asserted that: (a) concluded a sales contract with the Defendant’s agent to purchase KRW 18 million (hereinafter “instant sales contract”); and (b) paid KRW 18 million for the purchase price; and (c) received documents in the Defendant’s name as necessary for the registration of transfer of ownership of the said vehicle.
However, it was impossible to complete the registration of transfer of ownership in the name of the plaintiff only with the documents issued by the defendant, because the above automobile owned by D Co., Ltd., not the defendant
Accordingly, the Plaintiff terminates the sales contract and seeks the return of the purchase price of KRW 18 million.
B. The defendant's assertion did not have entered into the instant sales contract with the plaintiff, and only he issued a seal imprint and a certificate of seal impression on the ground that E is necessary to obtain a loan as security for the said motor vehicle.
2. In the event that the authenticity of the seal imprint affixed to a document is withdrawn by his seal, barring any special circumstance, it is presumed that the act of affixing the seal is based on the will of the person who prepared the document. On the other hand, when the authenticity of the seal imprint is presumed, the authenticity of the entire document is presumed in accordance with Article 329 of the Civil Procedure Act. However, if it is proved that the act of affixing the seal was done by a person other than the person who prepared the document, the document presenter is liable to prove that the act of affixing the seal is based on a legitimate title delegated by the person who signed the document.
(See Supreme Court Decision 94Da41324 delivered on June 30, 1995, etc.). In this case, there is no dispute between the parties that the stamp image next to the defendant's name, which is the evidence No. 2-1 (automobile transfer certificate) and the evidence No. 2-2 (Delegation letter) is based on the defendant's seal, but the plaintiff is the defendant's agent.