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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the part of the first instance judgment, except for the addition of the judgment by this court as set forth in the following paragraph (2). Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined
A. On January 5, 2006, at the time when the Plaintiff entered into a credit transaction agreement with the Defendant, the Plaintiff did not choose “interest rate on loans” as “transfer rate,” and the Plaintiff voluntarily prepared “interest rate on loans” with the Defendant’s employees after signing and sealing the loan transaction agreement with the Defendant, and the Plaintiff suffered damages equivalent to KRW 2.46 million, which is the difference between the interest that the Plaintiff would have incurred at the time of choosing a fixed interest rate due to the above tort.
A private document is presumed to be authentic when the signature, seal, or seal affixed by the person or his/her agent is affixed (Article 358 of the Civil Procedure Act). In cases where it is acknowledged that the person who prepares the private document has signed, sealed, or affixed the private document by himself/herself, the authenticity of the entire document shall be presumed to have been established unless there are other special circumstances, such as the reversal of such presumption by counter-proof, etc., in cases where the formation of the portion of the stamp image, etc. is recognized. If the authenticity of the portion of the stamp image, etc. is recognized, the document shall be presumed to have been signed, sealed, or affixed by the person who prepares the document under the condition that the entire document is completed, unless there are other special circumstances, and the circumstance such as the fact that the person who prepares the document first puts his/her signature, seal, or affixed his/her seal at the time when the whole or part of the document was completed is deemed to belong to this example.
Supreme Court Decision 2001Da11406 Delivered on April 11, 2003