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(영문) 서울북부지방법원 2020.04.09 2019나34945

대여금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where a part of the reasoning of the judgment of the court of first instance is added as stated in Paragraph 1 of Article 2 of the same Act, and thus, this is acceptable in accordance with the main sentence of Article 420 of the same Act

2. The addition;

A. On December 27, 2015, Defendant C did not bear a guaranteed obligation because it stated the name of Defendant C and affixed the seal without Defendant C’s permission. However, in a case where the seal affixed on the document is deemed to be a stamped seal affixed by the seal of the name holder, barring any special circumstance, it is presumed that the act of affixing the seal was conducted based on the intention of the name holder. On the presumption of the authenticity of the seal affixed, it is presumed that the document was authentic in accordance with Article 329 of the Civil Procedure Act, and thus, it is presumed that the document was forged pursuant to Article 329 of the Civil Procedure Act, and it is necessary to prove that the document was signed and sealed against the intent of the said holder (see, e.g., Supreme Court Decision 201Da7209, Feb. 5, 2002).