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(영문) 서울동부지방법원 2018.05.17 2017가단9269
대여금
Text

1. The Defendant’s KRW 50,000,000 and its amount shall be 5% per annum from October 1, 2010 to May 17, 2018 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 2 through 5 and the whole purport of pleadings:

The authenticity of the above document is denied while the defendant recognized that the seal affixed to Gap's No. 2 is the defendant's seal, but it is not the defendant's seal affixed to the above document. If the seal affixed to a private document is affixed by his/her seal, barring special circumstances, it is presumed that the authenticity of the seal is established, i.e., the act of affixing the seal is based on the will of the person in whose name the document is prepared. On the other hand, when the authenticity of the seal is presumed, the authenticity of the document is presumed pursuant to Article 358 of the Civil Procedure Act. On the other hand, the presumption that the authenticity of the seal is established, i.e., the act of affixing the seal is based on the will of the person in whose name the document is written, is actually presumed. Thus, if the person disputing the authenticity of the seal imprint proves that the act of affixing the seal affixed to the court is based on the will of the person in whose name the document is written, the presumption of its authenticity is affixed to the defendant's present intent (see Supreme Court Decision 2002Da512922, Feb. 111, 20, 2).

On August 17, 2010, the Plaintiff and the Defendant agreed to pay KRW 150 million to the Plaintiff by September 30, 2010, which the Defendant had assumed until the above date.

2. According to the allegations and the above facts of recognition, the defendant was dated August 17, 2010.

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