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(영문) 수원지방법원 2019.04.30 2018나364
약정금등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the corresponding part of the reasoning of the judgment of the court of first instance except for the addition as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

[Supplementary Parts] Part 3, Section 18, of the first instance judgment, the following shall be added to the following parts:

“Where it is recognized that the seal affixed on a document is the seal affixed to the document’s name, barring any special circumstance, it shall be presumed that the act of affixing the seal was conducted based on the intention of the person who prepared the document. Once the authenticity of the seal is presumed, the document is presumed to have been authentic in accordance with Article 329 of the Civil Procedure Act. Thus, the person who asserts that the document is forged requires proof that the above seal has been affixed against the intention of the person who signed the document (see Supreme Court Decision 2001Da72029, Feb. 5, 2002). The evidence No. 3 (Promise) of the document is presumed to have been authentic in the document’s entirety due to the lack of dispute over the part of the defendant’s seal, and according to the appraiser H’s written appraisal by this court, the document’s evidence No. 3 (Pledge) of the document’s name and address is presumed to have been completed on the date of appraisal prepared by the defendant 10 years prior to the date of the original document’s registration of creation of the second mortgage.”

“3 The Defendant asserts that the issuance of the Promissory Notes in this case was erroneous by the first instance court, without examining in detail the underlying relationship and the relationship of the Promissory Notes in order to secure the payment.

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