분양대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion is an association that is in the position of an event of the Si with respect to the new E apartment construction in Yeongdeungpo-gu Seoul Metropolitan Government D (hereinafter "the apartment of this case"), and C is a company that is in the position of Si Corporation with respect to the new construction work.
The Plaintiff lent KRW 190,00,000 to C in the process of the construction of the new construction project. In this case, the Defendant agreed to provide the instant apartment 101 Dong 1002 as security while jointly and severally guaranteeing the obligation to return the borrowed amount.
Therefore, the defendant is obligated to pay to the plaintiff 190,000,000 won and damages for delay.
2. In case there is a dispute over the authenticity of a private document, such authenticity may be used as evidence when it is proven; and
(See Article 357 of the Civil Procedure Act). However, as to the certificate No. 2 (a sale contract) of this case, the defendant did not prove the authenticity even though he/she is dissatisfied with the establishment of the petition, and it should be deemed that it cannot be used as evidence.
Article 358 of the Civil Procedure Act provides that “A private document shall be presumed genuine when it bears the signature, seal or seal of the principal or his/her agent,” but “when it bears the signature, seal or seal” does not mean that a document has a formal signature, seal or seal, etc., but has a fact of signing, sealing, etc. based on the intention of the principal or his/her agent.”
Therefore, Article 358 of the Civil Procedure Act is not applicable to this case, unless there is a proof that the stamp image of the defendant's name in the document No. 2 (Written Contract for Sale) is affixed by the principal or his representative's intent.
On the other hand, the testimony of Gap evidence 1 (debt payment certificate), Gap evidence 3 (written passbook copy), Gap evidence 4 (written evidence), witness F and G alone, the defendant's debt guarantee or testimony of Eul was made.