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(영문) 의정부지방법원 2015.06.26 2015나1278

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. According to the evidence evidence Gap's evidence Nos. 1 and 12 as to the cause of the claim, in order to purchase one of the above loans from the EP network (hereinafter "EP network") around December 201, the defendant entered into a loan agreement with the plaintiff on December 29, 201 for a 36-month period of 10,000,000 won between the plaintiff on December 29, 201, with the agreement rate of 26.9% per annum, and the delay rate of 29% per annum. On the same day, the plaintiff paid the above loans 10,000,000 won to the EP network; the defendant lost the interest on the above loans on September 5, 2013; and the defendant was unable to pay the interest on the above loans, and the interest on the loan amount of 10,000 won and damages for delay can be recognized as 56,505 won,585 won, 1965 won, and 158.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 7,124,174 won (=6,511,060 won 554,158 won) and 6,51,060 won of the loan principal, whichever is 29% per annum from September 6, 2013 to the date of full payment.

2. At the time when the defendant puts his signature and affixes his seal on the Defendant’s defense of evidence No. 1 (a loan application), the loan amount column for the loan application was blank. The plaintiff, without the defendant’s permission, submitted the above loan amount column to the effect that it cannot be used as evidence, since the plaintiff did not pay the loan to the Defendant, stating it as “day,” “10,000,000” in the above loan amount column without permission of the defendant.

The signature, seal, or seal of the principal or his agent is presumed to be authentic, and thus, the authenticity of the entire document shall be formed, unless there are other special circumstances where the originator of the private document recognizes that he has signed, sealed, or stamped the private document.