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(영문) 서울고등법원 2016.07.22 2015나2074143
채무부존재확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. All of the plaintiffs' claims added in the trial are dismissed.

3...

Reasons

1. Basic facts

A. On October 4, 2013, when Plaintiff A’s father and Plaintiff B’s partner borrowed money from the Defendant and did not repay the principal and interest thereof, Plaintiff B, the Defendant, on October 4, 2013, prepared a letter of loan stating that “The Defendant shall complete the full payment of the principal amount of KRW 260 million plus interest of KRW 30 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

The letter of the loan of this case contains the names of the plaintiffs in the guarantor column, and the plaintiffs' seals are affixed to each side of them.

B. On October 7, 2013, the Defendant completed the registration of creation of a neighboring mortgage (hereinafter “instant mortgage registration”) with respect to the share of 3/22 shares owned by the Plaintiff, the share of 2/22 shares owned by the Plaintiff, and the share of 2/22 shares owned by the Plaintiff, as of October 7, 2013, the registration of creation of a neighboring mortgage (hereinafter “instant mortgage registration”) with respect to the maximum debt amount of 260 million won (hereinafter “the registration of creation of a neighboring mortgage”) with respect to the share owned by the Plaintiffs, on March 30, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap No. 1 and 2, and the purport of the whole pleading

2. As to whether the claim for the confirmation of the existence of a debt has been established, the plaintiffs asserted that the guarantor part of the letter of the loan in this case was stolen from the plaintiffs' seal imprint, and that the plaintiffs did not have any debt to the defendant since there was no fact that they guaranteed the debt of D, the defendant guaranteed the debt of the plaintiffs.

If a seal affixed on a private document is reproduced by his/her seal, the authenticity of the seal shall be presumed to have been formed, i.e., the act of affixing the seal is based on the will of the person in whose name the seal is written, and once the authenticity of the seal is presumed to have been established, unless there are circumstances of the special group.

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