1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. On August 10, 2009, the Defendant asserted that the Plaintiff did not pay KRW 14,183,500 for the automobile maintenance expenses, maintenance expenses, etc. while leasing construction machinery from the Plaintiff, and did not pay KRW 25,953,130 for the automobile maintenance expenses, etc., and thus, the Defendant is obligated to pay KRW 37,683,100,000, excluding the money partially repaid.

B. 1) Determination 1) If the seal imprints affixed to a document are printed out by his seal, barring any special circumstance, the authenticity of the seal imprints shall be presumed to have been formed, i.e., the act of affixing the seal is based on the will of the person in whose name the document was written. Once the authenticity of the seal imprints is presumed to have been completed, the entire document shall be presumed to have been authentic. However, such presumptions are broken if it is revealed that the act of affixing the seal was done by a person other than the person in whose name the document was written. Thus, the person who submitted the document bears the responsibility to prove that the act of affixing the seal is based on legitimate title delegated by the person in whose name the document was written (see, e.g., Supreme Court Decision 2009Da37831, Sept. 24, 2009). According to the result of the appraiser C’s seal imprints inquiry of this court, it is acknowledged that the name of the defendant following the contract for renting the above construction machinery under subparagraph 1 is Kim.