(영문) 서울동부지방법원 2019.01.17 2017가합344

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(영문) 서울동부지방법원 2019.01.17 2017가합344

약정금

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1. The Defendant’s KRW 287,500,000 and its weight shall be the Plaintiff:

A. From April 10, 2012 to January 17, 2019, KRW 152,500.

Reasons

1. Facts of recognition;

A. The Plaintiff remitted money to the Defendant’s bank account from December 17, 2011 to April 17, 2012.

B. On March 20, 2012, the Plaintiff holds a loan certificate stating that the Defendant repaid KRW 152,500,000 that the Defendant borrowed from the Plaintiff on July 23, 2011 to the Plaintiff on April 9, 2012, and that the overdue interest rate shall be ten percent (10%) per annum; and ② on March 20, 2012, the Defendant agreed that the Defendant repaid KRW 135,00,000 that the Defendant borrowed from the Plaintiff on January 17, 2012 to the Plaintiff on June 30, 2012 (hereinafter “the instant loan certificate”).

C. The seal of the defendant is affixed to the loan certificate of this case, and a copy of the defendant's resident registration certificate is attached.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3 (including paper numbers), the purport of the whole pleadings]

2. The parties' assertion and judgment

A. The plaintiff's assertion that as long as the defendant directly affixed the seal on the loan certificate of this case, the loan certificate of this case is valid, the defendant asserts that the defendant is obligated to pay to the plaintiff the sum of KRW 287,50,000 as stated on the loan certificate of this case, and the defendant, not the defendant, arbitrarily affixed the seal on the loan certificate of this case without the defendant's consent or permission, and thus, the loan certificate of this case is invalid.

B. (1) Determination is made: (a) If a seal imprint affixed on a private document is reproduced by his/her seal, barring special circumstances, the authenticity of the seal imprint is presumed to have been created, i.e., the act of affixing the seal, based on the will of the person under whose name the signature was written, barring special circumstances; and (b) once the authenticity of the seal is presumed, the authenticity of the entire document is presumed pursuant to Article 358 of the Civil Procedure Act; however, the presumption that the act of affixing the seal is based on the will of the person under whose name the signature was written is de facto presumed, and thus, the person

참조조문

-민사소송법 제358조

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