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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserts that, prior to the bankruptcy, the mutual savings bank (which was declared bankrupt by the Gwangju District Court 2012Hahap1 on March 5, 2012 and appointed the plaintiff as the bankruptcy trustee; hereinafter "foreign bank") extended a total of seven billion won from December 28, 2008 to Defendant A Co., Ltd. (hereinafter "Defendant Co., Ltd"), and at the time of Defendant B’s joint and several guarantee of the above loans, the defendants jointly and severally are liable to pay to the plaintiff KRW 670 million and delay damages.
As to this, the Defendants asserted that the agreement on loans made between the non-party bank and the Defendants was forged, so the Plaintiff’s claim is groundless.
2. Determination
A. In light of the fact that the authenticity of a disposal document is recognized in cases where the authenticity of a disposal document is recognized, the existence and content of the declaration of intent according to the contents of the document should be recognized unless there is any clear and acceptable counter-proof that the content of the document is denied, and even if it is a disposal document, if it is proved that it is forged and the authenticity is not recognized, the existence and content of the declaration of intent according to the contents of the document cannot be recognized.
(See Supreme Court Decision 2002Da34666 Decided September 6, 2002). If a seal affixed to a document is affixed by his/her own seal, barring any special circumstance, if the authenticity of the seal imprint is actually presumed to have been created, i.e., the act of affixing the seal, based on the will of the person who prepared the document, barring any special circumstance. Once the authenticity of the seal imprint is presumed to have been established, the authenticity of the document is presumed to have been established. However, if it is proved that the act of affixing the seal was done by a person other than the person who prepared the document, the document presenter is broken. Thus, the document