The judgment of the first instance court is modified as follows. A.

The obligations of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are as follows.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The loan amount of KRW 100,00,00, interest rate of KRW 18% per annum, and interest rate of delay damages rate of KRW 20.5% per annum between the Plaintiff and the Defendant (hereinafter “instant agreement”) are written.

Under the agreement of this case, the debtor's column and the principal's column include the plaintiff's own signature, and the plaintiff's seal is affixed thereto.

B. On July 25, 2017, the Defendant deposited KRW 44,500,00 in the Plaintiff’s account.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 7-1, the purport of the whole pleadings

2. Determination

A. Whether the authenticity of the instant letter of agreement is established is presumed to be genuine when the signature, seal, or seal of the principal or his agent is affixed (Article 358 of the Civil Procedure Act). Thus, where the originator of the private document recognizes that he/she has a signature, seal, etc. on the relevant private document, in other cases where the formation of the portion of the stamp image, etc. is recognized, the authenticity of the entire document is presumed to be established unless there are other special circumstances, such as the reversal of such presumption by reflect

If the authenticity of the seal imprint, etc. is recognized, the document may be presumed to have been signed and sealed by the person who prepared it under the condition of the completion of the entire document, unless there are other special circumstances, and the circumstance that the document first puts his signature and seal at the time of completion of the whole or part of the document belongs to this example. Therefore, if it is intended to reverse the presumption of the authenticity of the completion document as a completion document, reasonable grounds and evidence to support it is necessary.

(see, e.g., Supreme Court Decision 2011Da62977, Nov. 10, 201). In addition, the fact that part of a document was signed and sealed and delivered in an unsatisfyed state falls under this example, and that there was a blank blank part at the time of delivery of the document, and that it was supplemented thereafter, the originator bears the burden of proof.