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(영문) 대구지방법원 2015.06.05 2014나17785
대여금
Text

1. Of the judgment of the court of first instance, the part against Defendant C and D shall be revoked, and all of the Plaintiff’s claims against Defendant C and D shall be revoked.

Reasons

1. According to the evidence No. 1-1 and No. 2 of the judgment as to the claim against Defendant B, the plaintiff set the amount of KRW 6,000,000 to Defendant B on February 10, 2004 as the interest rate of KRW 2% and the due date of payment on March 10, 2004.

As to this, Defendant B asserts that no money was borrowed from the Plaintiff, and that each of the above loans (No. 1-2) was forged.

A private document is presumed to be authentic when the signature, seal, or seal affixed by the person himself/herself or his/her agent is affixed (Article 358 of the Civil Procedure Act). In cases where the originator of the private document recognizes that the signature, seal, or seal affixed on the private document was affixed by himself/herself, i.e., the establishment of the portion of the seal affixed, barring special circumstances, such as the reversal of such presumption by counter-proof (see Supreme Court Decision 2001Da11406, Apr. 11, 2003). Furthermore, if the seal affixed on the document is withdrawn by his/her seal affixed, the authenticity of the document is presumed to have been established, i.e., the act of sealing the seal affixed on the document, based on his/her will as the person under whose name the document was written, and if the authenticity of the seal affixed is presumed to have been made, the document shall be presumed to have been duly established pursuant to Article 329 of the Civil Procedure Act (see, e.g., Supreme Court Decisions 94Da41324, Jun. 30, 1995).

(See Supreme Court Decision 93Da5456 delivered on October 11, 1994). Defendant B’s signature written in the debtor column among the evidence No. 1-1-1 is the one’s own pen, and according to the result of fact inquiry to the resident center in the name of the court of first instance and the purport of the whole pleadings, the seal affixed to the defendant B’s name and the second defendant B’s signature is the one’s own pen.

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