As a seal to a documentary evidence, where the plaintiff and the seal of the plaintiff were proved to be forged by fraudulent use, the burden of proof shall be apportioned.

In the event that the plaintiff's seal as a seal on a documentary evidence proves that it was a site and the plaintiff's seal was forged by fraudulent use, the act of affixing the seal shall be presumed to have been committed by the plaintiff, barring any other special circumstances, and thus, the plaintiff's seal shall prove that it was stolen by illegal use in the plaintiff's side, and if there is no such proof, the authenticity of the above documentary evidence

Plaintiff

Defendant 1 and one other, Counsel for the defendant-appellant-at-law

Daegu High Court Decision 75Na553 delivered on May 14, 1976

The judgment of the court below is reversed, and the case is remanded to Daegu High Court.

The Defendants’ agent’ grounds of appeal are examined.

According to the records, as a seal for the evidence Nos. 7-1 and 7-2, the plaintiff is called as the site, and the plaintiff's seal is stolen and forged. The purport of the above is that the plaintiff's seal impression affixed on the above documentary evidence is affixed to the plaintiff's seal, and it can be said that the plaintiff's seal impression affixed on the above documentary evidence is affixed to the plaintiff's seal, and that the act of affixing the seal is denied only. Thus, unless there are other special circumstances, it should be proved that the plaintiff's seal is presumed to have been committed, and if there is no such proof from the plaintiff's side, the above documentary evidence Nos. 7-1 and 2 should be presumed to have been established. The court below stated that the above evidence Nos. 7-1 and 2 cannot be admitted as evidence because there is no evidence to recognize the authenticity of the above documentary evidence. Thus, the appeal is justified, and the remaining appeal is reversed, and the judgment of the court below shall be reversed and remanded to the High Court.

Justices Shin Young-chul (Presiding Justice)

Justices Kim Yong-chul has an impediment to signing and sealing on overseas business trip.