1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The parties' assertion

A. On September 2, 2010, the Plaintiff asserted that the Plaintiff lent KRW 45,00,000 to the Defendant on September 18, 2010 under the joint and several guarantee of C, with the maturity of KRW 45,00,00,00, and at the time, from the Defendant, the Plaintiff borrowed KRW 45,000,00 for the expenses incurred in cancelling the provisional disposition ordered by Gyeonggi-do Group D. The payment of the above amount is made until September 18, 2010, and the above borrowed amount will be repaid upon occurrence of D (Evidence 1-1).

Therefore, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 45,000,000 and damages for delay.

B. The defendant's assertion (1) did not borrow the above money from the plaintiff.

The defendant delegated the right to purchase land to C at the request of C, affixed the defendant's seal impression to the blank document and delivered it to C, and C arbitrarily borrowed money from the plaintiff and prepares the above loan certificate (A No. 1) by arbitrarily filling out the blank part.

(2) The Defendant did not receive KRW 45,000,000 from the Plaintiff.

2. Determination

A. Since a private document entering into a monetary loan agreement is presumed to be authentic when the signature, seal, or seal of the principal or his agent is affixed, in cases where it is recognized by the person who prepared the private document that he had affixed his signature and seal on the private document concerned, that is, in cases where the formation of the portion of the seal imprint, etc. is recognized, barring any special circumstances, the authenticity of the entire document is presumed to have been established, and in cases where the authenticity of the portion of the seal imprint, etc. is recognized, unless there are other special circumstances, the document is presumed to have been signed and sealed by the person who prepared the document under the circumstances where the entire document is completed, and the document is signed and sealed only when the whole or part of the document is not completed, and thus, it is reasonable to reverse the presumption of the authenticity