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(영문) 서울중앙지방법원 2014.11.14 2012가합97333
약정금
Text

1. The defendant shall pay 3,00,000,000 won to the plaintiff and 15% per annum from January 1, 2008 to the day of full payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. In full view of the overall purport of the pleadings, the defendant's settlement of accounts with the plaintiff about 40 years from January 15, 2007 and the plaintiff's share of 3 billion won is promised to pay to the plaintiff by December 31, 2007 as a result of the settlement of accounts with the plaintiff around 40 years from January 15, 2007, and the payment of interest at the rate of 15% per annum in case of violation is made."

B. The defendant's defense 1) The defendant's defense was forged by using the defendant's personal seal certificate, which the plaintiff received from the defendant in the course of managing the defendant's property.

2) Determination A) Examining the fact that the Defendant’s seal imprint affixed on the instant written confirmation is affixed at will by the Plaintiff, barring any special circumstance, if the seal imprint affixed on the Defendant’s private document is affixed by his seal, the authenticity of the seal imprint is presumed to have been established, i.e., the act of affixing the seal based on the intention of the person in whose name the document was written, and if the authenticity of the seal imprint is presumed to have been made, the authenticity of the entire document is presumed to have been established pursuant to Article 358 of the Civil Procedure Act (see, e.g., Supreme Court Decision 2002Da59122, Feb. 11, 2003). In addition to the Defendant’s statement, there is no evidence to prove credibility other than the Defendant’s statement. Rather, there is no dispute between the parties, or there is no evidence to prove that the Defendant’s seal imprint affixed on the instant written confirmation or at least the Defendant’s seal imprint was affixed by considering the overall purport of the pleadings included in each number.

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