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(영문) 서울서부지방법원 2018.05.02 2016가단254743

양수금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 35,873,700 and the interest rate thereon from March 25, 2017 to the date of full payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. Whether Gap evidence No. 1 was established as to the authenticity of Gap evidence No. 1 is a letter of installment financing agreement on August 28, 2007, and the defendant extended funds to Eul Co., Ltd. (hereinafter referred to as "Cex-ray social loan") for the social loan of C (hereinafter referred to as "Sex-ray company") and the defendants stand as joint and several sureties.

Defendant A asserts to the effect that, among the evidence A No. 1, the stamp image on one’s name is one’s own seal, but the third party arbitrarily affixed and sealed it.

In full view of the following facts: (a) Defendant A’s resident registration certificate was issued on August 23, 2007 by Defendant A; (b) Defendant A’s resident registration certificate was submitted at the time of preparation of A’s certificate; (c) Defendant A’s resident registration certificate was sent on August 11:40, 207, immediately before the date of preparation of A’s certificate; and (c) Defendant A’s joint and several liability was confirmed in currency with Defendant A who was hospitalized in the hospital, and Nonparty A’s employee of the social loan of X-ray, who was enrolled in the hospital; and (d) Nonparty A’s employee of the social loan of X-ray was urged to pay the principal and interest of Defendant A in currency on August 28, 2008; and (e) Defendant A’s agent’s confirmation or confirmation of the principal and interest of the loan was duly granted on September 1.

Therefore, evidence No. 1 can be used as evidence.

B. Fact-finding 1) An agreement with the non-party company to obtain a loan of KRW 30,00,000 on August 28, 2007, setting the loan interest rate of KRW 11.5% per annum, overdue interest rate of KRW 25% per annum, loan period of KRW 48 months, monthly installments of KRW 782,680 (loan Number G).