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(영문) 춘천지방법원강릉지원 2017.08.09 2016가단54793

대여금

Text

1. Defendant B and D jointly share KRW 50 million with the Plaintiff and 15% per annum from September 6, 2016 to the date of full payment.

Reasons

1. On December 14, 201, Defendant B borrowed KRW 50 million from the Plaintiff as of December 15, 201, with the due date specified on December 15, 2012, Defendant D and C issued to the Plaintiff a loan certificate in the same manner as the attached Form written by Defendant D and C as the guarantor (hereinafter “the instant loan certificate”).

[Reasons for Recognition: Facts without dispute, Gap evidence, Gap evidence No. 1, Gap evidence No. 2, purport of whole pleadings]

2. Assertion and determination

A. Comprehensively taking account of the above facts acknowledged as to the claim against Defendant B, Defendant B is obligated to pay the Plaintiff the loan amounting to KRW 50 million and delay damages.

B. The key issue of this case pertains to Defendant D’s claim. The Plaintiff asserted that Defendant D was jointly and severally liable to pay the loan amount of KRW 50 million to Defendant B, signed and sealed the loan certificate of this case, and that Defendant D was jointly and severally liable to pay the loan amount of KRW 50 million. Defendant D merely viewed the portion printed on “name, resident registration number, and address” in the form of output of the loan certificate of this case, and did not regard the main text of borrowing money and stated the name and resident registration number in the margin portion at the request of Defendant B, which is necessary for opening a handphone, and the statement “Surety” was not written. In light of the form of evidence No. 1, even if Defendant D’s statement “sureties” in front of the name of Defendant D, it is interpreted that Defendant D signed and sealed this case’s loan certificate of this case. Ultimately, the key issue of this case is whether Defendant B’s signature or seal was forged or sealed by Defendant D’s agent, and thus, Defendant D’s signature or seal is presumed to have been signed or sealed by Defendant D’s agent.