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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
The court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, except for adding the judgment as set forth in paragraph (2) below, and thus citing this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.
As long as the validity of an additional instrument borrowed is recognized as the authenticity of its establishment, the court shall recognize the existence and content of the declaration of intent in accordance with the language stated in the instrument, unless there is any clear and acceptable counter-proof as to the denial of its contents.
(See Supreme Court Decision 2014Da1976, 19783 Decided February 15, 2017 (see Supreme Court Decision 2014Da19776, 19783, Feb. 15, 2017). If a seal imprinted on a private document is withdrawn by his/her seal, barring special circumstances, the authenticity of the seal imprinted is presumed to be based on the will of the holder of the title deed, i.e., the act of affixing the seal imprinted. Once the authenticity of the seal imprint is presumed to be established, the authenticity of the entire document is presumed to have been established pursuant to Article 358 of the Civil Procedure Act. However, such presumption is broken if it is revealed that the act of affixing the seal was made by a person other than the holder of the title deed or it was made against the will of the holder of the title deed or without being written against the will of the holder of the title deed. Furthermore, the presumption that the authenticity of the seal imprinted is based on the authenticity of the seal imprinted by the court.
(See Supreme Court Decision 2003Da21384, 21391, Jul. 25, 2003, etc.). The loan certificate (No. 2; hereinafter “the loan certificate of this case”) written by the deceased as of February 16, 2015 under the name of the deceased is 0.5% per interest month in the course of purchasing the loan of this case by the deceased.