계금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court should explain this part of the facts of recognition are the same as the reasons stated in Paragraph 1 of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. The plaintiff's assertion has long been long known to the defendant, and was introduced from the defendant to B, who is his/her father, to pay the fraternity to B.
The defendant puts his seal on the front of the above defendant's signature and seal on the receipt of the deposit (Evidence A5) with the intention to jointly and severally guarantee the obligation to be borne by B to the plaintiff.
Therefore, the defendant is jointly and severally liable to pay to the plaintiff 27 million won and damages for delay.
B. If, barring any special circumstance, the authenticity of a holder of a title deed signed and sealed on a private document is presumed to be established, barring any special circumstance, if the authenticity of the seal imprint is presumed to be established, then the authenticity of the document is presumed to be established pursuant to Article 358 of the Civil Procedure Act. However, inasmuch as the authenticity of the seal imprint is actual presumption that the act of signing and sealing is attributable to the intent of the holder of a title deed, the presumption of the authenticity of the seal imprints the court if the person disputing the authenticity of the seal imprints the fact that the act of affixing and sealing is attributable to the intent of the holder of the title deed.
(2) In light of the fact that the authenticity of a disposal document is acknowledged, inasmuch as there is no clear and acceptable evidence that the content of the document is denied, the existence and content of the declaration of intent in accordance with the content of the document should be recognized, in presumption of the authenticity of the disposal document based on the seal of the person in whose name the document was prepared. In particular, the holder of the disposal document is delegated by the person in whose name the document was signed with his/her duties or relationship of relatives.