beta
Text
1. Compulsory execution based on the defendant's order of the Gwangju District Court 2004 Ghana4627 decision against the plaintiff is 41,195.
Reasons
1. Basic facts
A. On June 28, 2005, the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) declared on June 28, 2005, that “the Defendant (the Plaintiff of this case) shall jointly and severally pay to the Plaintiff (Korea Deposit Insurance Corporation) 12,789,504 won and 20% interest per annum from September 28, 2002 to the date of full payment” (the foregoing judgment became final and conclusive on August 19, 2005).
B. On November 1, 2006, the Korea Deposit Insurance Corporation transferred the claim for the above judgment amount to the Defendant (the Mutual Liquidation Financial Corporation prior to the change). On the same day, the Korea Deposit Insurance Corporation sent a notice of assignment to the Plaintiff.
C. On June 17, 2015, the Defendant applied for a payment order against the Plaintiff to the effect that “the amount of KRW 41,195,022 (the balance of KRW 12,757,301, which is a part of KRW 4,000,00 interest interest rate of KRW 37,195,02), and KRW 4,00,000 among these amounts, the Defendant paid 20% interest rate of KRW 4,00 per annum from June 10, 2015 to the date of full payment” was determined on June 29, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. The plaintiff asserts that there was no joint and several sureties in obtaining a loan from the defendant.
If the seal imprinted by his/her seal imprint affixed on a document is affixed with his/her seal, barring any special circumstance, the authenticity of the seal imprint shall be presumed to have been established, i.e., the act of affixing the seal is based on the will of the person who prepared the document, and once the authenticity of the seal is presumed to have been established, the authenticity of the document shall be presumed to have been established (see, e.g., Supreme Court Decisions 2009Da37831, Sept. 24, 2009; 2002Da69686, Apr. 8, 2003). In full view of each of the statements in Articles 3 and 4, the self-reliance deposit of this case.