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1. The defendant's 209 Certificate No. 1107, dated July 13, 2009, which was signed by the defendant's law firm for the plaintiff.
Reasons
1. Basic facts
A. On July 13, 2009, under the commission of C, a creditor and an obligor’s agent, C, a creditor, drafted a notarial deed as stated in Paragraph (1) of the text stating, “A, a creditor, determined and lent KRW 25 million per annum to the Plaintiff, the debtor, at 49% per annum, and on July 20, 2009, the due date for repayment.” (hereinafter “notarial deed of this case”).
B. On January 31, 201, C drafted an agreement on assignment of claims with the purport of transferring a loan claim on the instant notarial deed to the Defendant.
C. On February 7, 2011, the Defendant sent the above assignment agreement to the Plaintiff by content-certified mail.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. If, barring any special circumstance, the authenticity of the signature affixed to the document of determination is created, i.e., the act of affixing the seal is based on the will of the person in whose name the document is prepared, barring any special circumstance, and once the authenticity of the signature is presumed, the authenticity of the document is presumed to be created. However, such presumption is broken if it is revealed that the act of affixing the seal was done by a person other than the person in whose name the document was prepared, so the person in whose name the document was signed bears the responsibility to prove that the act of affixing the seal was based on a legitimate title
(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the establishment of a notarial deed as an executory title, etc., and by misapprehending the legal principles as to the establishment of an executory title, the court below erred by misapprehending the legal principles as to the establishment of an executory title and the establishment of an executory title and the establishment of an executory title and the establishment of an executory title and the establishment of an executory title and the establishment of an executory title and the establishment of an executory title and the establishment of an executory title and the establishment of an executory title and the establishment of an executory title and the establishment of an executory title, etc.
(See Supreme Court Decision 2002Da18114 delivered on June 28, 2002, etc.).