It is confirmed that the seal is reproduced by the seal of the person in whose name the seal is written, and the presumption of the authenticity of the private document;

In case where it is recognized that the stamp image of the person in whose name the document has been affixed is affixed with the seal of the person in whose name the document has been affixed, the establishment of the stamp image shall be presumed to have been carried out on the basis of the intention of the person in whose name the document has been written, unless there are special circumstances, and once the authenticity of the stamp is presumed to have been made, it shall be presumed to have

Article 329 of the Civil Procedure Act

Supreme Court Decision 81Da684 Delivered on August 24, 1982

[Defendant-Appellee] Plaintiff 1 et al., Counsel for defendant-appellee

Defendant 1 and one other Defendants’ legal interest

Seoul High Court Decision 85Na3161 delivered on October 23, 1986

The case shall be reversed and remanded to the Seoul High Court.

As to the Grounds of Appeal:

According to the reasoning of the judgment of the court below, the court below rejected the plaintiff's assertion that when Nonparty 1 borrowed the amount of its explanation from the plaintiff, Nonparty 2, the inheritee of the defendants, was endorsed on the two promissory notes issued by Nonparty 1, the debtor, in the meaning of the joint and several debt of the borrowed amount, and according to the result of the non-party 3's seal appraisal of the non-party 1 and 2 each (each of the second pages of the two promissory notes alleged by the plaintiff) of the non-party 2 on September 21, 1978, the above deceased's seal imprint was affixed next to the name of the non-party 2 on September 21, 1978, and confirmed that the above deceased's seal imprint was identical to the seal imprint reported to the head of Dong-gu, Dong-gu, the domicile of the defendant, and on the same ground, it cannot be presumed that the same of the above seal imprint's signature was established.

However, in a case where it is recognized that the seal imprinted by the seal imprinted by the seal imprinted by the seal imprinted by the name seal affixed to the document is a seal affixed to the name seal affixed to the document, barring special circumstances, the establishment and seal of the seal imprint shall be presumed to have been carried out based on the will of the name seal affixed to the preparation titleholder, and once the authenticity of the seal is presumed to have been made, the original judgment shall be reversed without any need, notwithstanding Article 329 of the Civil Procedure Act (see Supreme Court Decision 81Da684, Aug. 24, 1982). However, if the authenticity of the seal imprinted by the court below is presumed to have been presumed to have been completed by the entire document pursuant to Article 329 of the Civil Procedure Act (see Supreme Court Decision 81Da684, Aug. 24, 1982).

Accordingly, the original judgment shall be reversed, and the case shall be remanded to the Seoul High Court which is the original judgment, and this decision shall be delivered with the assent of all Justices involved.

Justices Yoon Il-young (Presiding Justice)