A. On October 27, 2014, the Defendant agreed to give up and transfer the said vehicle when the Plaintiff borrowed KRW 8.8 million from the Plaintiff as of November 26, 2014, and the Defendant’s name offered as security the C Bodyman vehicle, the ownership transfer registration of which was made under the Defendant’s name (hereinafter “instant vehicle”).

B. The Plaintiff occupied and used the instant vehicle from the time of the above lease.

C. As the Defendant failed to repay the above loan, the Plaintiff applied for a payment order claiming the return of the loan against the Defendant, and issued a payment order ordering the Defendant to pay 8.8 million won to the Defendant on September 11, 2018, Incheon District Court 2018Hu23767, and to pay damages for delay at 15% per annum from the day following the service of the original copy of the payment order.

[Reasons for Recognition: Evidence A Nos. 1 through 6 [Defendant] and Evidence A No. 3 (Motor Vehicle Transfer Certificate)] claim that the name was written and the Defendant affixed a seal imprint while recognizing the fact that the seal imprint was affixed.

In a case where the authenticity of a seal imprint, etc. is recognized, the circumstance that only the signature and seal was first affixed when the whole or part of the document was not completed is deemed to belong to this example. As such, there is no evidence as to the following: (a) reasonable grounds for presumption of the authenticity as a completion document; and (b) indirect reflective evidence to support the presumption of the authenticity (see Supreme Court Decision 2001Da11406, Apr. 11, 2003); (c) the Defendant was blank at the time of signing and sealing the document; and (d) the reason why the signature and seal was affixed on the blank document.

Rather, in light of the fact that the Defendant’s seal affixed to the portion of the Plaintiff’s evidence Nos. 1 (a car certificate and a vehicle waiver note), the amount of which is modified, the Defendant’s assertion that the blank was blank at the time of affixing the seal is difficult.

Therefore, the evidence Nos. 1 and 3 is true.