(영문) 서울중앙지방법원 2014.08.25 2013가단192061

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(영문) 서울중앙지방법원 2014.08.25 2013가단192061

대여금

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On August 11, 2012, Plaintiff A lent KRW 40,000,00 to E (the Deceased’s death on May 10, 2013; the Deceased’s death); on October 11, 2012, Plaintiff B lent KRW 52,00,000 to E on April 3, 2013. Since the Deceased’s death succeeded to the Deceased’s inheritance, the Defendant, who is the inheritor of the Deceased, should pay the Plaintiff KRW 20,00,000 (i.e., KRW 40,000 x 1/2) and damages for delay, and the Plaintiff B should pay the amount of KRW 26,00,000 (=52,000,000 x 1/2) and damages for delay.

The defendant asserts that the deceased did not borrow money from the plaintiffs, and that the evidence No. 3 and No. 16 presented by the plaintiffs were not prepared by the deceased.

2. Determination

(a) In a case where it is recognized that the seal imprinted by the seal imprinted by the name seal affixed to the document is a signature affixed to the name seal affixed to the document, the authenticity of the seal imprint shall be presumed to have been made based on the will of the name seal affixed, unless there are special circumstances, and when the authenticity of the seal is presumed to have been made, the authenticity of the document as a whole shall be presumed to have been made in accordance with

However, if it is revealed that the act of sealing is conducted by a person other than the name holder and is not based on the will of the name holder, such presumption shall be broken.

The presumption that the authenticity of the seal imprint is based on the will of the person who prepared the seal imprints is a de facto presumption. Thus, if a person who disputes the authenticity of the seal imprints proves that the authenticity of the seal imprints is based on the intention of the person who prepared the seal imprints, that is, the act of affixing the seal is based on the intention of the person who prepared the seal, the presumption of the authenticity is broken.

B. In the instant case, according to the results of the appraiser F’s seal appraisal of the appraiser F, the Plaintiff’s evidence Nos. 3 (Evidence) and Plaintiff B’s assertion consistent with the Plaintiff’s assertion.

참조조문

-민사소송법 제358조

유사 판례

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