1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Basic facts

A. The Plaintiff is a small shareholder who owns 4% of the shares of C Co., Ltd. (hereinafter “C”), and the Defendant was involved in the liquidation procedure as C’s creditor, shareholder, and liquidator.

B. On February 27, 2013, where the liquidation procedures of C are underway, a “stock transfer/acquisition contract” was formulated between the Plaintiff and the Defendant that the Plaintiff would transfer 600 common shares (4%) issued by C to the Defendant (hereinafter “instant stock transfer/acquisition contract”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the claim of this case

A. The Plaintiff’s assertion 1) Although there was no fact that the Plaintiff entered into a share transfer and acquisition contract with the Defendant on February 27, 2013, the Defendant forged the instant share transfer and acquisition contract, and thus, the instant share transfer and acquisition contract is not duly concluded. 2) The Defendant’s assertion that the instant share transfer and acquisition contract was made between D and the Defendant, including the Plaintiff’s authority to dispose of shares, delegated by the Plaintiff to the Plaintiff as the Plaintiff’s shareholder, and thus, was duly formed.

Even if D did not have the authority to conclude the share transfer and acquisition contract of this case on behalf of the Plaintiff, D had the basic authority to represent the Plaintiff, and the Defendant had any justifiable reason to believe that D had the authority to act on behalf of the Plaintiff, so the expressive representation under Article 126 of the Civil Act is established.

B. If the seal imprinted by his/her seal imprinted in the judgment document is affixed, barring any special circumstance, it shall be presumed that the authenticity of the seal imprint was created, i.e., the act of affixing the seal is based on the will of the person who prepared the document. Once the authenticity of the seal is presumed, the authenticity of the entire document shall be presumed, but such presumption is the person who prepared the document.