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(영문) 춘천지방법원 2018.02.14 2017나52044
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments after the first instance court’s “no evidence exists” as stated in the main sentence of Article 420 of the Civil Procedure Act. Thus, the court’s explanation as to this case is acceptable in accordance with the main sentence of

2. In addition, if the authenticity of the seal imprinted by the seal imprinted by the person in whose name the seal imprinted on the private document is affixed is presumed to be due to the intention of the person in whose name the seal imprinted, barring any special circumstance, barring any special circumstance, the authenticity of the seal imprinted is presumed to have been established, and once the authenticity of the seal imprinted is presumed to have been established pursuant to Article 358 of the Civil Procedure Act, but the presumption that the act of affixing the seal is based on the intention of the person in whose name the seal imprinted is written is actual presumption. Thus, if the person who disputes the authenticity of the seal imprinted proves circumstances that the act of affixing the seal imprinted by the person in whose name the seal imprinted was written is based on the intention of the person in whose name it was written, the presumption of the authenticity of the seal imprinted is broken (see, e.g., Supreme Court Decision 2002Da59122, Feb. 11, 2003).

(1) Even if the seal imprinted on the L/C seal is based on the seal of the L/C, considering the following facts and circumstances acknowledged through the overall purport of the pleadings, it is reasonable to see that the presumption of the authenticity of the above loan certificate was broken as to the authenticity of the L/C, since the seal stamp image of the L/C on the loan certificate of this case was collected directly by the Plaintiff’s house located on May 20, 2014, and written the above loan certificate at this point. However, the L/C continued to be hospitalized at the F Hospital from February 2, 2014 to June 5, 2014.

2 F Hospital.

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