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(영문) 제주지방법원 2014.11.05 2014나4101
채무부존재확인
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. The content of this part of the underlying facts is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion and judgment

A. The plaintiffs asserted that since friendly C working for the bankrupt bank has forged the credit transaction agreement of this case, they do not have any obligation to pay the loan obligations under the above credit transaction agreement.

B. The defendant's assertion that the above C is delegated by the plaintiffs and prepared the letter of credit transaction of this case.

C. 1) In a lawsuit seeking confirmation of the existence of a pecuniary obligation, where the Plaintiff, who is a debtor, claims specified the cause of the obligation and asserts that the cause of the obligation is denied, the Defendant, the creditor, bears the burden of proving the facts required for legal relationship (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). In addition, where it is recognized that the seal imprinted on the document, is affixed by the seal imprinted by the seal imprinted, barring any special circumstance, the authenticity of the document is presumed to have been established, i.e., when the act of affixing the seal is presumed to have been based on the seal imprint’s intent, and the authenticity of the document is presumed to have been established, but such presumption is presumed to have been broken if it is confirmed that the act of affixing the seal was made by a person other than the person under whose name the signature was written, and thus, the document presenter is liable to prove the fact that the act of affixing the seal was based on a legitimate title delegated by the person under whose name was written (see, No. 3732).

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