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(영문) 대법원 2015.08.27 2013다65956
약정금 등
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 358 of the Civil Procedure Act provides, “A private document shall be presumed to be authentic when it bears the signature, seal, or seal of the person in whose name the document is prepared or his/her agent has the signature, seal, or seal of the agent legally granted the power of representation from the person in whose name the document is prepared, and the official seal of an organization is affixed to a document under the organization’s personal name, and the authenticity of the document is not presumed as a document under the organization’s personal name immediately pursuant to the above provision. If there is no evidence to acknowledge the authenticity of the document submitted, the document’s form, content and wording, relationship between the person in whose name the document is prepared, the person in whose name the document is written, the nature and purpose of the organization’s establishment, the method of keeping the official seal, and the transaction practices, etc., there is a room for recognizing the authenticity of the document under the overall purport of oral proceedings.

2. The court below, citing the reasoning of the judgment of the court of first instance, acknowledged facts as stated in its holding, and concluded that the defendant individually agreed to perform the obligations under the instant agreement pursuant to the evidence No. 6 (Agreement). As to the plaintiff's assertion that the joint defendant of the court below is jointly and severally liable to perform the obligations under the instant agreement with the plaintiff, the above agreement cannot be used as evidence because there is no evidence to acknowledge the authenticity of the agreement, and it is rejected on the ground that there

Examining the facts acknowledged by the court below in light of the legal principles as seen earlier, the defendant's co-defendant in the above agreement, a document in the name of the defendant, is serving as the president.

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