(영문) 서울중앙지방법원 2015.11.19 2014가합58653

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.11.19 2014가합58653

대여금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' claims

A. On November 1, 2010, Plaintiff B determined interest to the Defendant as 10% per annum, and lent KRW 60 million on February 21, 201, KRW 10 million on February 25, 201, KRW 910 million on March 11, 201, KRW 910 million on March 11, 201, and Plaintiff B loaned interest to the Defendant at 10% per annum on November 7, 201, KRW 10 million on November 1, 201, KRW 900 million on July 12, 201.

Therefore, the defendant is obliged to pay the above loans and 10% interest or delay damages per annum to the plaintiffs as stated in the purport of the claim.

B. If the plaintiffs' lending of KRW 910 million to the defendant and KRW 900 million as above are null and void without going through a resolution of the defendant's board of directors, the defendant is obligated to return the same amount of money to the plaintiffs.

2. Judgment as to the primary cause of claim

A. If the authenticity of the seal imprinted on the private document as to the authenticity of Gap's evidence Nos. 1 and 5 is reproduced by his seal, barring special circumstances, it is presumed that the authenticity of the seal imprinted is based on the will of the person in whose name the document is prepared, and once the authenticity of the seal is presumed, the authenticity of the entire document is presumed pursuant to Article 358 of the Civil Procedure Act. However, such presumption is broken if it is revealed that the act of signing the seal was made by the person other than the person in whose name the document was written, or that it was made without going against the will of the person in whose name the document was written, or not based on the will of the person in whose name the document was written. Furthermore, the presumption that the act of signing the seal imprinted is based on the will of the person in whose name the document was written is de facto presumed. Thus, the person disputing the authenticity of the seal imprinted may make a doubt by the court as to the authenticity of the seal imprinted, that is, the act

참조조문

-민사소송법 제358조

유사 판례

-서울고등법원 2017.03.30 2016나2063775

-서울중앙지방법원 2018.10.24 2018나17630

-울산지방법원 2015.12.17 2014가합8147

-대법원 1997. 6. 13. 선고 96재다462 판결

-의정부지방법원 2016.07.08 2016가단2758