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(영문) 대전지방법원 논산지원 2018.06.07 2017가단3089

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,500,000 as well as KRW 50,000 among them, from November 17, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. C as a leader, was operating six fraternitys including KRW 50,000,000 and KRW 50,000,000 and KRW 6,000,000, and the Plaintiff was a leader (No. 6,000).

The Plaintiff was paid KRW 50 million from C on August 18, 2016.

B. On August 18, 2016, the Plaintiff and the Defendant and C agreed to lend KRW 50 million to the Defendant at a monthly rate of 1%, and on February 18, 2019, and C prepared a loan certificate stating that they are jointly and severally guaranteed by the Plaintiff. The Defendant signed the “debtor” column and the “joint guarantor” column respectively.

C. Defendant C spent 50 million won borrowed from the Plaintiff to the account of his wife. The Defendant C spent all of the money borrowed from the Plaintiff.

The Plaintiff was not paid KRW 500,000 interest on September 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, witness C's testimony, purport of whole pleading

2. Determination on the cause of the claim

A. In a case where the authenticity of a disposition document is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the content of the document unless there is any special counter-proof, and shall not reject it without any reasonable explanation.

However, the probative value may be rejected in a case where there are counter-proofs or there are reasonable grounds to believe that the contents in the document are contrary to objective truth.

(See Supreme Court Decision 2011Da25251 Decided July 14, 2011). B.

Judgment

Comprehensively taking account of the following circumstances revealed by the facts admitted as above and the evidence revealed, the Defendant is jointly and severally liable with C to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from November 17, 2017 to the date of delivery of the original copy of the instant payment order sought by the Plaintiff with respect to KRW 50,50,000,000, and the principal of KRW 50,000,000,000,000.

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