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(영문) 서울고등법원 2017.01.25 2016나2045920
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the modification of the part of the "3. Judgment" with the "influence of the first blank" of four pages 1 of the reasoning of the judgment of the court of first instance as the "printed letter printed in a printed form" as follows, and therefore, it shall be cited in accordance

2. The modified part;

A. In a case where the authenticity, such as the seal imprinting portion of the private document’s private document’s written judgment as to the assertion of unauthorized representation, is recognized, barring any other special circumstances, the document can be presumed to have affixed such signature and seal by the person who prepared the document at the time of completion of the entire document, 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 is deemed to belong to this example. Thus, in order to reverse the presumption of the authenticity as a completion document, reasonable grounds and indirect counter-proof, etc. to support the presumption of the authenticity should be necessary. If it is proved that the presumption of the authenticity as a completion document is reversed and that the document was supplemented by a person who is not the person who prepared the document or the person who submitted the document, bears the burden of proof as to the fact that the document was supplemented by legitimate authority.

(See Supreme Court Decision 2001Da11406 Decided April 11, 2003, etc.). The following circumstances acknowledged by the purport of the Plaintiff’s statement and the entire pleadings as to the Plaintiff’s letter of delegation No. 8-3, namely, ① the Plaintiff’s name and address in the letter of delegation, and the Plaintiff’s statement on the name and address next to the phrase “joint guarantor”, and sent C or the Defendant by facsimile, and ② the power of attorney as to the letter of delegation, such as “creditor,” “debtor,” “debt,” “joint guarantor,” “loan,” “lease,” and “refluent damages,” are the same as the letter of delegation.

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