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(영문) 대법원 2016.05.12 2015다61477
대여금
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

If a seal imprinted with a seal affixed on a private document is affixed to the seal affixed to it, the authenticity of the seal shall be presumed, barring special circumstances, and if the authenticity of the seal is presumed, the authenticity of the entire document shall be presumed in accordance with Article 358 of the Civil Procedure Act.

In addition, the existence and contents of the declaration of intent in accordance with the contents of the document should be recognized unless there is any clear and acceptable counter-proof evidence that denies the contents of the statement in the document where the authenticity is recognized.

(1) The court below acknowledged the facts and circumstances as indicated in its reasoning. The court below determined that each of the instant loan certificates was duly established based on the Defendant’s corporate seal impression, which was used on the date of preparation, and the authenticity of the entire document was presumed to have been established. Each of the instant loan certificates was written according to the Defendant’s intent, the representative of the Defendant at the time of preparation of each of the relevant loan certificates, and there was no evidence to prove that there was a clear and acceptable circumstance to deny monetary transactions, such as the contents of the loan certificate.

In light of the aforementioned legal principles and records, the lower court did not err in its judgment by misapprehending the facts against the rules of evidence, failing to exhaust all necessary deliberations, or by misapprehending the legal doctrine regarding the establishment of the authenticity of the disposal document, or by failing to exercise the right of explanation.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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