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(영문) 서울중앙지방법원 2018.09.19 2017가합587701
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 13, 2010, the Plaintiff’s assertion C refers to “the statement of payment in the instant case,” stating that “The Defendant’s payment of KRW 200 million by subrogation from the Defendant on July 13, 2011, in consideration of the Defendant’s interest on, and other interest on, the subrogated payment and other interest thereon, interest on, or mental damage, shall be paid KRW 300 million.”

Upon receipt of the record, the defendant has a claim of KRW 300 million based on the above payment angle. On November 14, 2017, the plaintiff was issued a seizure and collection order against the defendant of the Seoul Central District Court as the debtor C, the garnishee, the defendant, and the claim amount of KRW 300 million based on the payment angle of this case against the defendant of the defendant of the Seoul Central District Court as the debtor C, the third debtor, the defendant, and the claim amount of KRW 300 million under the Seoul Central District Court Order 2017Gahap225 on November 14, 2017. The above collection order was served on the defendant on December 12, 2017.

Therefore, the defendant is obligated to pay KRW 300 million to the plaintiff who is the collection authority.

2. Determination

A. If, barring any special circumstance, the authenticity of the seal imprinted on a private document is presumed to be established, barring any special circumstance, if the seal imprinted on the private document’s seal imprinted by his/her seal, the authenticity of the document is presumed to be established pursuant to Article 358 of the Civil Procedure Act. On the other hand, if the authenticity of the seal imprinted is presumed to be established, the authenticity of the document is presumed to be established pursuant to Article 358 of the Civil Procedure Act. However, the presumption that the act of signing and sealing is attributable to the intent of the holder of the title deed is de facto presumed. As such, if a person disputing the authenticity of the seal imprinted by a counter-

In addition, the existence and content of the declaration of intention in accordance with the contents of the document should be recognized unless there is any clear and acceptable reflective evidence that denies the contents of the statement.

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