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(영문) 광주고등법원(전주) 2015.08.27 2014나4113
대여금 등
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of the instant case is as stated in the part of the judgment of the first instance, except for the addition of the judgment as set forth in the following paragraph (2) with respect to the allegations made in the trial of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. Additional determination

A. As to the authenticity of each of the instant loan deeds against Defendant C, D, and E (hereinafter “Defendant C, etc.”), the Plaintiff asserts that the authenticity of each of the instant loan deeds should be established. As such, Defendant C, etc. should bear joint and several liability for the Plaintiff as a joint and several liability joint and several liability. If the signature imprints out by his/her seal, barring any special circumstance, the authenticity of the seal imprint is presumed to have been established. Once the authenticity of the seal imprints is presumed, the authenticity of the document is presumed to have been established pursuant to Article 358 of the Civil Procedure Act; however, the presumption that the document’s authenticity is based on the intent of the person holding the title to prepare the seal imprints is actual presumption. Thus, the presumption of the authenticity of the document’s authenticity is broken out if the person disputing the authenticity of the seal imprints according to the intention of the person holding the title to write the seal imprints counter-written (see, e.g., Supreme Court Decision 200Da1625, Feb. 11, 2003).

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