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1. The defendant is jointly and severally with B 21,31,970 won and 6% per annum from July 17, 2014 to August 7, 2014.
Reasons
1. Basic facts
A. On July 16, 2012, the Defendant and B entered into an entrustment contract with the Plaintiff on the Plaintiff’s luminous business place and on the transportation of cargo. On July 16, 2013, the Defendant and B concluded a renewal contract (hereinafter “instant contract”) with the intent to extend the said contract term for one year on July 16, 2013.
B. The outstanding amount receivable under the instant contract reaches KRW 21,331,970.
[Ground of recognition] Gap evidence 1 to 4, Eul evidence 4, Eul evidence 5
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the outstanding amount 21,331,970 won under the contract of this case and delay damages.
In this regard, the Defendant did not agree with the Plaintiff to extend the entrustment contract as of July 16, 2012, and rather, expressed to the Plaintiff and B the intent to terminate the entrustment contract as of July 16, 2012. The Defendant asserted that the instant contract was forged without a legitimate title.
According to the appraiser C's appraisal result, if the defendant's seal affixed to the contract of this case is identical to the defendant's seal affixed to the defendant's seal affixed to the contract of this case, and if the seal affixed to the name holder's seal affixed to the private document is displayed by his/her seal, barring any special circumstance, the authenticity of the seal is presumed, and once the authenticity of the seal is presumed, the authenticity of the document is presumed pursuant to Article 358 of the Civil Procedure Act (see, e.g., Supreme Court Decision 2002Da59122, Feb. 11, 2003). Thus, as alleged by the defendant, the defendant bears the burden of proving that B, other than the defendant, arbitrarily affixed the above seal affixed to the defendant's seal.
According to the statements in Eul evidence 1 and Eul evidence 2, the defendant prepared a document to cancel the partnership business contract with Eul as of March 15, 2013, and the defendant obtained the business registration certificate with Eul as of July 2, 2014.