beta
(영문) 수원지방법원안산지원 2016.04.19 2016가단55776

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 41,630,510 and KRW 41,006,702 among them, 25% per annum from January 1, 2016 to the date of full payment.

Reasons

In full view of the purport of the entire pleadings, the defendant is recognized as having been in arrears with a loan of KRW 55,000,000 from Hyundai Social Co., Ltd. on January 28, 2014, and thus having the principal and interest equivalent to the claim amount.

Although the defendant contests the establishment of the authenticity of the loan agreement, it is presumed that the authenticity of the seal is recognized, so the authenticity is presumed to be established, and there is no evidence to shoulder this presumption.

The defendant claimed that B, which had a business relationship, had a seal imprint and an identification card for the loan, and the specific loan institution and the amount were different.

Even according to the defendant's assertion, since the lending institution and the amount have not been specified and the comprehensive power of representation has been granted to B for loans, it is effective as the principal of the act of representation even if the defendant did not directly prepare the loan agreement.

The request shall be reasonable.