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(영문) 서울남부지방법원 2016.09.28 2015가단45646
추심금 등
Text

1.(a)

The payment agreement entered into between Defendant Mmerdi International Investment Advisory Co., Ltd and C is reached.

Reasons

First, with respect to the Plaintiff’s claim against Defendant Matdi (Investment Advisory Co., Ltd.), the Defendant did not appear on the date of pleading and did not submit a reply to the effect that the Plaintiff’s claim was asserted.

The legislative confession has been established (Article 150 of the Civil Procedure Act), and all of the plaintiff's claims are accepted.

The ground for this part of the claim by the plaintiff is as shown in the attached Form.

(However, the part against Defendant B is excluded). Next, the Plaintiff’s claim against Defendant B (hereinafter “Defendant B”) is examined.

Ⅰ. In a case where it is recognized that a seal affixed to a document to the authenticity of a document is affixed by the seal affixed to the holder of the title deed, barring special circumstances, it is presumed that the authenticity of the document was made based on the will of the holder of the title deed, i.e., the act of affixing the seal. On the other hand, if the authenticity of the document is presumed, the authenticity of the document is presumed to have been made pursuant to Article 358 of the Civil Procedure Act. Thus, the person who asserts that the document is forged

(See Supreme Court Decision 81Da684 Decided August 24, 1982, Supreme Court Decision 2001Da72029 Decided February 5, 2002, and Supreme Court Decision 2002Da59122 Decided February 11, 2003, etc.). Even if the form indicated in the certificate of the personal seal impression issued by C on January 8, 2010, attached to “No. B” is based on the form indicated in the certificate of the personal seal impression issued by C on January 8, 2010, the said certificate of the personal seal impression shall be deemed as attached together to prove that the seal affixed to C’s trade name side at the time of preparation of “No. 2” is the personal seal impression of the said company.

According to C’s certificate of personal seal impression and C’s previous representative director D’s legal statement, the identity of the seal imprint affixed to C’s corporate seal impression and B’s seal impression is recognized.

Furthermore, “B(5) evidence” is the same document as evidence A(1).

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