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(영문) 서울남부지방법원 2019.06.18 2018가단230636

임대차보증금(임대료)

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 154,090,141 as well as Defendant C and E with respect thereto on August 3, 2018.

Reasons

1. In full view of the reasoning of Gap’s evidence Nos. 1 through 4, and 9 through 22, and the purport of the whole pleadings as a result of an appraiser F’s written appraisal, the representative director of the defendant C at the time of the defendant C Co., Ltd., a part of the business site he leased from G, around February 1, 2016, was the defendant D.

(1) The Defendant Company’s repayment plan (hereinafter “Defendant Company”) stated that “The Defendant Company should pay KRW 182,766,234 to the Plaintiff in six installments from November 30, 2017 to April 30, 2018” (the Plaintiff’s document was forged. According to the appraiser F’s written appraisal, since the Plaintiff’s signature appears to have been presumed to have been forged in the above debt repayment plan, the authenticity of the entire document was presumed to have been established, and the evidence submitted by the Defendant alone is insufficient to presume the above presumption. The Plaintiff’s aforementioned assertion is insufficient.) and the fact that the Plaintiff received KRW 182,76,234 from the Defendant Company and the Plaintiff was found to have been paid in six installments from November 30 to April 30, 2017.”

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 154,090,141 won (182,766,234 won - the above 28,676,093 won) and to pay to the plaintiff 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 3, 2018, the day following the day when the duplicate of the complaint of this case was served to the above defendants, and Defendant D is jointly and severally liable to pay to the plaintiff 15% interest per annum from May 18, 2018 to the day of full payment, which is the day following the day when the duplicate of the complaint of this case was served to the above defendants.

In addition to the above assertion of forgery, Defendant D shall take measures, such as asking the Defendant for the intention of joint and several sureties at the time when the Plaintiff prepared the above claim for forgery.