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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation of this case is as follows, except that the defendant added the following judgments to the corresponding part with respect to new arguments in the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The defendant's domestic assertion, even if the defendant bears the responsibility for the preparation of the loan certificate of this case, the defendant recognized D as the creditor and prepared and delivered the above loan certificate, and the above loan certificate was written and altered on the end of the above loan certificate.
Therefore, a creditor based on the above loan certificate cannot comply with the claim of this case premised on the fact that the creditor is not D but the plaintiff.
B. In a case where there is no dispute between the parties as to the existence of the signature, etc. of the principal or his agent, or where it is proved by other evidence, the entire document is presumed to have been duly formed even if the part other than the signature, etc. is altered or forged due to a penology, etc., and thus, the party disputing this issue bears the responsibility to prove the alteration or the fact of the above Article (see, e.g., Supreme Court Decision 95Da4674, Nov. 10, 1995). In light of the above legal principles, the fact that the Defendant prepared and delivered the loan certificate of this case to D is as recognized earlier, and as such, the authenticity of the entire loan certificate of this case is presumed to have been established, and there is a burden of proof as to the fact that the part of “A” was written in the future, and there is a burden of proof as to the Defendant’s assertion that the circumstance and
Rather, this Court seems to have only prepared by the same person because the body of “A” portion is similar to the body of the body, and the defendant only reaches the trial.