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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant asserted that he was in office as the head of the Plaintiff’s management department, but retired from office around 2007, borrowed KRW 40 million from the Plaintiff during his term of office. Around January 15, 2007, the Plaintiff agreed to repay the said loans in installments each month from April 2007 to December 2013.
The Defendant, around February 2008, did not repay the remainder of the loan to the Plaintiff after the repayment of KRW 6 million out of the above loan. As such, the Defendant is obligated to pay the Plaintiff the remainder of the loan KRW 34 million and the damages for delay from January 1, 2014, which is the date following the due date for payment for the remaining loan KRW 34 million.
2. Determination
A. If, barring any special circumstance, the authenticity of a nominal holder’s seal affixed on a private document is presumed to have been made, barring any special circumstance, if the authenticity of the seal imprint is presumed to have been made, then the authenticity of the entire document is presumed to have been made pursuant to Article 358 of the Civil Procedure Act if the authenticity of the seal imprint is presumed to have been made. However, the presumption that the authenticity of the seal imprint is based on the intent of the nominal holder, i.e., the act of signing the seal imprint is actual presumption. Thus, if the person disputing the authenticity of the seal imprint proves circumstances that the act of affixing the seal imprints according to the intent of the nominal holder, the presumption of the formation of
(2) In light of the fact that the authenticity of a disposal document is recognized, inasmuch as there is no clear and acceptable evidence that the content of the document is denied, the existence and content of the declaration of intent in accordance with the content of the document should be recognized (see, e.g., Supreme Court Decision 2002Da34666, Sept. 6, 2002). In addition, in presumption of the authenticity of the disposal document based on the seal of the person who prepared the document, the person who acquired the disposal document shall be careful (see, e.g., Supreme Court Decision 2002Da34666, Sept. 6, 2002).