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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The parties' assertion
A. On December 23, 2010, the Plaintiff lent KRW 10 million to the Defendant and the Defendant, who is the Defendant, to the Plaintiff, and the Defendant and C prepared a loan certificate (Evidence A No. 1; hereinafter “the loan certificate of this case”). As such, the Defendant should pay KRW 10 million to the Plaintiff.
B. On January 24, 2011, Defendant C merely borrowed KRW 5 million from the Plaintiff and borrowed money from the Plaintiff as a guarantor, and the Plaintiff did not borrow money. At the time, the loan certificate of this case was written only for KRW 5,00,000, and the remainder was written in blank. Since then, another person arbitrarily altered or forged the remainder.
2. There is a case where the person who prepared the document for disposal, such as a documentary examination of judgment on the Plaintiff’s claim, a loan certificate, etc., acknowledged the authenticity for the part on which he signed or sealed the document, but delivered all or part of the document to the blank in which the original blank was delivered, and the obligee, etc. asserts that it was voluntarily supplemented
In general, it is an example that part of a document is signed and sealed and delivered in the state of completion. Therefore, it is necessary to prove that there was a blank part at the time of delivery of the document and that it was supplemented ex post facto.
However, the facts that some of the contents of the document was filled after the fact that it was proved that the blank part was filled after the fact that it was duly delegated shall be proved by the party who asserts the effect of the entry in the blank part.
(see, e.g., Supreme Court Decision 2011Da100923, Aug. 22, 2013). Meanwhile, even if a civil trial is not bound by the fact-finding in a criminal trial, the fact that a criminal judgment already became final and conclusive on the same factual basis was found guilty is minimal evidence.