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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 plaintiff's assertion and judgment
A. The plaintiff asserts that under the joint and several surety C on February 28, 2002, the amount of KRW 3,500,000 was set and lent to the defendant as interest rate of KRW 3.5% per month and the due date of payment on February 28, 2004, and sought a loan of KRW 3,500,000 and its delay damages from the defendant.
B. The judgment is presumed to have been authentic when the signature, seal, or seal of the person or his agent is affixed. Thus, if the person who prepared the private document admits that the signature, seal, or seal was affixed to the private document in question, it is presumed that the authenticity of the entire document is presumed to have been established unless there are other special circumstances, such as the reversal of such presumption by counter-written evidence, and if the authenticity of the stamp image is recognized, the document is presumed to have been signed, sealed, or affixed by the person who prepared the document in question at the time when the entire document was completed, unless there are other special circumstances, and if the document was signed, prior to the completion of the whole or part of the document at that time, it belongs to this example. Thus, in order to presume the authenticity of the document in question, there is a reasonable reason and an indirect counter-written evidence, etc. to support it. If the presumption of the authenticity of the document in question has been reversed and supplement the document in question or its part on the completion of authority, the person who asserts that the document has the burden of proof or authority to supplement the document in question.
(see, e.g., Supreme Court Decision 2001Da11406, Apr. 11, 2003). The Defendant’s seal affixed to the Defendant’s name and seal affixed thereto, which is consistent with the Plaintiff’s assertion, is not a dispute between the parties, but the Defendant’s seal was affixed.