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(영문) 대구지방법원포항지원 2014.12.19 2014가합838
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 16, 2009, the Defendant’s husband C prepared a confirmation document stating that “on September 2009, the New York Life Insurance Co., Ltd. paid 13 times a month by making the policyholder the Plaintiff as the Plaintiff, and transferred it to the Plaintiff, and then transferred it to the Plaintiff after paying 13 times a monthly installment savings insurance amounting to KRW 10 million before June 2010 (hereinafter “instant confirmation document”). The Defendant’s husband written the instant confirmation document stating the obligor C, joint guarantor, as the applicant’s mother, and issued it to the Plaintiff.

B. C prepared the instant confirmation document, and affixed the respective seals of the Defendant, the applicant, including his seal, to the instant confirmation document, and attached C, the Defendant, and the applicant’s respective certificates of seal impression.

C. On October 19, 2009, the Plaintiff’s Sleep D holds a power of attorney with the content that he/she was delegated by C, the Defendant, and the applicant to commission the certification, and the notary public holds a letter of delegation with respect to the confirmation of this case from October 19, 2009 to October 459.

set up [Reasons for Recognition] Facts without dispute, Gap evidence No. 1 (No. 6)

- Each entry of evidence Nos. 3 and 5, the purport of the whole pleadings

2. Determination as to the assertion of granting power of representation

A. Since the Defendant’s joint and several sureties portion of the Plaintiff’s assertion in the instant certificate was lawfully prepared by C, the Defendant is obligated to pay the Plaintiff KRW 260 million (= KRW 10 million x 26 times) according to the joint and several sureties agreement.

B. If the seal imprinted by his/her seal imprint affixed to the relevant legal principles, barring any special circumstance, it is actually presumed that the authenticity of the seal imprint was created, that is, the act of sealing is based on the will of the person who prepared the document. Once the authenticity of the seal imprint is presumed, the authenticity of the entire document is presumed, but such presumption is factual.

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