Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The parties' assertion
A. On July 15, 2004, the Defendant subscribed to two units of No. 2 ( August 15, 2004) and No. 9 ( March 15, 2005) in the number fraternity consisting of the Plaintiff’s KRW 5,00,000 per month of the deposit of accounts, and KRW 100,000,00 per annum.
On May 15, 2006, the Plaintiff settled the amount of KRW 51,200,000 with respect to the deposit and loan between the Defendant and the Plaintiff.
(A) Evidence Nos. 7 and 1,300,000 won have been repaid to the Plaintiff. However, the Defendant is obligated to pay the Plaintiff KRW 49,90,000 (=51,200,000 - KRW 1,300,000) and damages for delay.
B. Defendant 2,500,000 won per month of the payment of the fraternity on September 15, 2003 (However, after the receipt of the fraternity, 3,000,000 won per month), and 50,000,000 won per the fraternity ( October 15, 2003) and 17 ( January 15, 2005) are merely an entry into two accounts of the Nos. 2 (3,00,000 on the date of the fraternity), and there was no fact that the Plaintiff joined the accounts as alleged by the Plaintiff, and there was no fact that the accounts were settled.
The main text of the instant case was signed by the Defendant at the G business place operated by the Plaintiff’s Plaintiff’s son in the course of entrusting the delivery of several goods, and only the Plaintiff’s previous entries of the Plaintiff’s claim on the deposit amount.
2. Judgment on the ground of the Plaintiff’s claim
A. 1) The relevant legal doctrine is presumed to have been genuine when a signature, seal, or seal of the person himself/herself exists (Article 358 of the Civil Procedure Act, and the presumption is presumed to have been established as to the entire document, barring special circumstances, such as the reversal of such presumption by reflective evidence, etc., and the authenticity such as seal portion is recognized as to the entire document may be presumed to have been signed, sealed, and affixed by the person under whose name the document was completed, barring any other special circumstances.