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(영문) 울산지방법원 2020.01.31 2018가단15054
대여금 (시효연장을 위한)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On November 28, 2008, the Plaintiff jointly and severally guaranteed a loan obligation of KRW 45 million to the Plaintiff, and filed a claim for payment of the said money.

The Plaintiff, as evidence of the above assertion, submitted a notarial deed (Evidence A No. 1; hereinafter referred to as the “notarial deed of this case”) prepared by a notary public at the joint law office.

According to the notarial deed of this case, on November 28, 2008, the plaintiff lent KRW 45 million to C on November 28, 2008, and the defendant jointly and severally guaranteed the loan obligation. The notarial deed of this case is accompanied by the letter of delegation No. 3 of C and the defendant

1. The proxy of this case (hereinafter referred to as “the proxy of this case”)

Based on the commission, the letter of delegation in this case was prepared by the defendant. As to the preparation of a notarial deed which provides a joint and several surety for the plaintiff's debt amounting to KRW 45 million against the plaintiff, a notary public may recognize the fact that the defendant's name is stated in the column of joint and several surety at the bottom and that the defendant's seal impression is affixed next thereto (No. 3-3-6 of the whole statement of the defendant's name). If a seal imprint affixed on a document is affixed by his seal, barring any special circumstance, the authenticity of the document is presumed to have been established, i.e., the authenticity of the document, and once the authenticity of the seal imprint is presumed to have been established, it is presumed that the document was made by a person other than the person who prepared the document, and thus, the document presenter is liable to prove the fact that the document presenter's act of affixing the seal was made by a legitimate title delegated by the person who prepared the document (see, e.g., Supreme Court Decision 2009Da36386, Sept. 28, 2009, 209).

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