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(영문) 인천지방법원 2015.06.23 2014가합58456
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion on February 25, 2014: (a) the Defendant prepared and delivered a letter to C Co., Ltd. to pay KRW 250,000,000 to the Plaintiff by March 31, 2014 (hereinafter “each letter of this case”); (b) C transferred the claim under the above letter to the Plaintiff on May 30, 2014; (c) on the same day, the Plaintiff notified the Defendant of the said transfer and notified the said transfer to the Defendant at that time, and thus, the Defendant is obligated to pay the Plaintiff, the assignee of the claim, the amount of KRW 250,00,000, and damages for delay.

2. First of all, we examine the evidence No. 1-1 (each of the instant notes).

If the stamp image of the person in whose name the document was affixed is affixed, barring any special circumstance, the authenticity of the stamp image shall be presumed to have been made, i.e., the act of affixing the seal is based on the will of the person in whose name the document was written, and once the authenticity of the stamp image is presumed to have been made, the authenticity of the entire document shall be presumed to have been made. However, such presumption is broken if it is revealed that the act of affixing the seal was made by a person other than the person in whose name the document was written, so the person in whose name the document was

(See Supreme Court Decision 2009Da37831 Decided September 24, 2009, etc.). We do not dispute between the parties that the seal withdrawn from each of the instant notes was affixed to the seal of the defendant, but if the purport of the entire pleadings is added to the statement in subparagraph 1, the defendant is the mother of D, E is the mother of D, E is the relative D is to be supplied with goods on credit from the friendly D corporation around January 20, 2014 to export to China, and the joint and several surety is requested by the joint and several surety is requested. The defendant who is the mother is insufficient only with the credit of D and has a real estate, and the defendant who is the mother has a real estate, has changed the joint and several surety under the name of the defendant. D is necessary to adopt the defendant's adoption that the defendant raised in China on January 20, 2014.

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