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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant asserted that C and the Plaintiff borrowed KRW 1,680,000 from the Defendant as the Busan District Court Branch Branch Decision 2006Gau9551, and that C and the Plaintiff borrowed KRW 1,680,000 from the Defendant, and filed a lawsuit claiming the Defendant to pay the above KRW 1,680,000 and the damages for delay thereof.
B. On October 11, 2006, the above court made a decision on performance recommendation (hereinafter “the instant decision on performance recommendation”) to recommend the implementation as stated in the purport of the claim, and on January 12, 2007, the above decision was served on the Plaintiff on January 12, 2007, and became final and conclusive on January 27, 2007.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that since the plaintiff did not borrow the above money from the defendant, the decision of performance recommendation of this case is unfair and compulsory execution based thereon should not be allowed.
B. Where it is acknowledged that the stamp image of the person in whose name the document was affixed is affixed with the seal of the person in whose name the document was written, barring special circumstances, the authenticity of the stamp image is actually presumed to have been made, i.e., the act of affixing the seal is based on the will of the person in whose name the document was written, and once the authenticity of the stamp image is presumed to have been made, the authenticity of the entire document is presumed to have been made. However, such presumption is broken if it is revealed that the act of affixing the seal was made by a person other than the person in whose name the document was written, and in such
(See Supreme Court Decision 2009Da37831 Decided September 24, 2009, etc.). No. 2 (hereinafter “the instant loan certificate”) states that C would borrow KRW 1,680,000 from the Defendant and pay KRW 100,000 from April 30, 2005 to August 30, 2006. The Plaintiff’s name, resident registration number, and address as the guarantor of the loan.