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(영문) 서울남부지방법원 2020.06.04 2019나62978
보증채무금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the Defendants emphasize or add to the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

2. Additional determination

A. As to the defendants' assertion that the presumption of the authenticity of the loan certificate of this case is broken with the signature and seal of the completion document, the defendants jointly and severally agreed with the non-party E and F, and D did not obtain the defendants' signature and seal after receiving the defendants' signature and seal in the joint and several surety column of the loan certificate of this case. In light of all circumstances, the defendants' signature and seal should be deemed to have been first signed and sealed with the completion document of the loan certificate of this case. Thus, the presumption of the authenticity of the loan certificate of this case should be reversed.

A private document is presumed to be authentic when the signature, seal or seal of the person or his/her agent is affixed (Article 358 of the Civil Procedure Act). In cases where it is acknowledged that the person who prepared the private document voluntarily affixed his/her signature and seal on the private document concerned, i.e., where the formation of the portion of the stamp image, etc. is recognized, the authenticity of the entire document shall be presumed to have been established unless there are other special circumstances, such as the reversal of such presumption with a reflective document, etc. In cases where the authenticity of the stamp image portion, etc. is recognized, the document concerned may be presumed to have affixed such signature and seal by the person who signed the document at the completion of the entire document, unless there are other special circumstances. The circumstances such as that the document was first signed and sealed by the person who signed the document at the time when the whole or part of the document was not completed are deemed to fall under this case. Therefore, a reasonable reason

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