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(영문) 부산지방법원 2019.01.25 2018나2490
선불금등
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. Basic facts

A. The Plaintiff is the representative of a legal entity that runs the insurance business called “C” and the Defendant is an insurance solicitor belonging to the said legal entity.

B. The Plaintiff’s KRW 20 million on October 5, 2012, and the same month.

8. Around November 8, 2012, KRW 10 million was paid to the Defendant under the pretext of advance payment of expenses for insurance business, and an additional payment was made on November 8, 2012 upon the Defendant’s request for advance payment of expenses.

C. On January 25, 2013, the money that the Defendant is liable to pay to the Plaintiff was 42,249,894 won (hereinafter “the instant settlement money”) including the settlement of the Defendant’s allowance, goods price, corporate aid and expenses, etc. on the same day. On the same day, the Defendant asserts that the said written agreement was modified because the amount of the said money was not the body of the Defendant, since the Defendant did not have the body of the Defendant. Private document is presumed to have been signed or sealed by the principal or his agent (Article 358 of the Civil Procedure Act). In other words, where the author of the private document admits that the signature or seal was affixed by himself on the private document concerned, the document is presumed to have been signed or sealed, and if it is acknowledged that there was no other evidence, such as the presumption of the establishment of the entire document, the document is presumed to have been signed or sealed first, and the document is presumed to have been signed or sealed by one and all other reasonable circumstances, barring special circumstances.

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