(영문) 대구지방법원 2014.06.05 2013나3727 | 리걸엔진

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(영문) 대구지방법원 2014.06.05 2013나3727

할부금

Text

1. Revocation of a judgment of the first instance;

2. As to KRW 24,917,834 and KRW 22,643,206 among the Plaintiff, the Defendant on February 2, 2012.

Reasons

1. On October 28, 2010, the Plaintiff: (a) the Defendant was the primary debtor; (b) the Plaintiff loaned KRW 20% per annum on the part of the Defendant as a joint and several surety; (c) 29% per annum on the rate of delay damages; and (d) KRW 30 million on the condition of installment payment in 36 months principal and interest (hereinafter “instant loan”); (d) the agreement of the first second class installment (Evidence A) drafted at the time of the instant loan was signed by the Defendant’s name; and (d) the seal affixed by the Defendant was affixed on the side.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4-1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is the principal debtor of the loan in this case, and the defendant is obligated to pay unpaid loans and damages for delay.

B. The Defendant alleged that the Defendant: (a) established the father B and C agricultural partnership; and (b) delivered a certificate of personal seal impression, etc. to B while engaging in a partnership; (b) obtained the said documents from B; and (c) arbitrarily obtained the said documents from B, forged the agreement on large-scale installment financing in the name of the Defendant and received the instant loan from the Plaintiff; and (c) thus, the obligation incurred in connection

3. Determination

A. If a seal affixed to a document is affixed by his/her seal, barring any special circumstance, the authenticity of the document shall be presumed to have been created, i.e., the act of affixing the seal is based on the will of the person who prepared the document, barring any special circumstance. Once the authenticity of the seal is presumed, the authenticity of the document shall be presumed to have been created. However, if it is revealed that the act of affixing the seal was done by a person other than the person who prepared the document, the document presenter shall bear the burden of proving that the act of affixing the seal is based on a legitimate title

(See, see, e.g., Supreme Court Decision 2009Da37831). With respect to the instant case, the health unit, A’s evidence No. 15, and B’s evidence No. 1.

참조판례

-대법원 2009. 9. 24. 선고 2009다37831 판결

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