대여금 및 대위변제금
1. Defendant B’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from January 1, 2010 to July 4, 2019.
The plaintiff asserted against the defendant B as to December 31, 2009 that the plaintiff lent 50 million won to the defendant B (hereinafter "the loan of this case"), and the defendant B is obligated to pay the above 50 million won and the interest or delay damages incurred from January 1, 2010, which is the day following the lease date.
On July 5, 2012, the judgment based on the constructive admission of applicable provisions of law (Articles 208(3)2 and 150(3) of the Civil Procedure Act) concluded that the Plaintiff’s claim against the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the part of the Defendant C Co., Ltd. (hereinafter “Defendant Co.”), on July 5, 2012, the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) made an agreement on the subrogation payment of the instant loan to the Plaintiff for the purpose of Defendant B
Therefore, the Defendant Company is jointly and severally liable with Defendant B to pay the Plaintiff the instant loan and interest thereon or damages for delay.
Judgment
The Defendant Company denied its authenticity by asserting that there is no evidence to acknowledge the authenticity of the instant confirmation document, not only arbitrarily prepared the instant confirmation document without the consent of the joint representative director of the E, but also the stamp image of the Defendant Company affixed on the said confirmation document is not by the registration or the designated seal by the employee seal of the Defendant Company.
No evidence can be used as evidence, and there is no evidence to acknowledge that the defendant company agreed to make a subrogation payment of the loan of this case as alleged by the plaintiff.
Therefore, the plaintiff's above assertion is without merit.
Therefore, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.