(영문) 광주지방법원 2015.01.09 2014나8185 | 리걸엔진

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(영문) 광주지방법원 2015.01.09 2014나8185

대여금

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The parties' assertion

A. On January 28, 201, the Plaintiff asserted that the Defendant’s mother C lent KRW 11 million to the Defendant’s mother C as of July 31, 201, and the Defendant jointly and severally guaranteed this.

Therefore, the defendant is jointly and severally liable to pay to the plaintiff KRW 11 million and damages for delay.

B. The defendant's summary of the defendant's assertion did not state his name and affix his seal on the column of joint and several sureties A's certificate No. 1 (Evidence).

However, the defendant only delivered a seal imprint and a copy of the identification card to the mother C due to the transfer of the name of the vehicle.

2. Determination

A. If the authenticity of the signature affixed to the document to determine whether the authenticity of Gap evidence No. 1 (a) was made is reproduced by his/her seal, barring any special circumstance, the authenticity of the signature shall be presumed to have been created, i.e., the act of affixing the seal is based on the will of the person who prepared the document, barring any special circumstance. On the other hand, when the authenticity of the seal is presumed, the authenticity of the entire document is presumed to have been established pursuant to Article 358 of the Civil Procedure Act. However, if the act of affixing the seal is proved to have been done by a person other than the person who prepared the document, the document presenter is liable to prove that the act of affixing the seal was

(See Supreme Court Decision 2002Da69686 Decided April 8, 2003). A’s seal affixed to the evidence No. 1 (hereinafter “the loan certificate of this case”) does not conflict between the parties as to the same facts as the Defendant’s seal affixed on the certificate of the personal seal impression.

However, the following circumstances recognized by the purport of the entire pleadings, i.e., a certificate of seal impression and a copy of a resident registration certificate, are stated as attached to the loan certificate in this case. Accordingly, the defendant's seal impression and a copy of the defendant's identification card delivered by parent C as a problem of transfer of

참조조문

-민사소송법 제358조

참조판례

-대법원 2003. 4. 8. 선고 2002다69686 판결

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