logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2019.05.16 2017나23281
약정금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

The court's explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the defendant's assertion as to this case, as stated in the following paragraph (2). Thus, the court's explanation of this case is acceptable by the main sentence of Article 420 of the Civil Procedure Act.

With regard to the assertion that the authenticity of the additional statement of payment is not recognized, the defendant, by means of the O's intimidation, left Q, who is an employee of the certified judicial scrivener office, with the certificate of seal impression and the certificate of seal impression, and did not delegate the preparation of each of the instant statement of payment. However, Q arbitrarily affixed the defendant's seal impression on each of the above payment forms.

Therefore, not only the authenticity of each of the instant forms of payment is not recognized, but also the contract of payment prohibition established by the letter of payment is null and void as it is by the unauthorized Agent.

Judgment

If the stamp image of the person in whose name the document was affixed is affixed, barring any special circumstance, the authenticity of the stamp image shall be presumed to have been made, i.e., the act of affixing the seal is based on the will of the person in whose name the document was written, and once the authenticity of the stamp image is presumed to have been made, the authenticity of the entire document shall be presumed to have been made. However, such presumption is broken if it is revealed that the act of affixing the seal was made by a person other than the person in whose name the document was written, so the person in whose name the document was

(See Supreme Court Decision 2009Da37831 Decided September 24, 2009, etc.). According to the following purport: (a) Doctrine; (b) No. 5; and (c) part of the testimony and arguments of the witness R of the party trial witness, the fact that Q Q puts his seal imprint on the Defendant’s respective forms of payment, while keeping them in custody with the Defendant’s seal imprint affixed thereto.

However, not only the purpose of witness R's testimony and the whole argument, but also the defendant's argument.

arrow