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(영문) 의정부지방법원고양지원 2016.04.28 2015가단21519

대여금

Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On November 13, 2013, the Defendant: (a) made and delivered a loan certificate (No. 1; hereinafter “the loan certificate of this case”) in the name of the Defendant, stating that “40,000,000 won as interest is paid in 1,00,000 won per month; and (b) the repayment date is one year; and (c) at the time C had the seal imprint of the Defendant, the head of which is the Defendant; and (d) at the time C had the seal imprint of the Defendant, the head of which is the Defendant’s name, affixed the said seal imprint to the Defendant’s name.

In addition, as to D land and buildings owned by the Defendant on the same day, an application for registration of creation of a right to collateral security (hereinafter “instant application for registration”) with the content of KRW 50,000,000 with respect to the mortgagee, the debtor, the maximum debt amount of KRW 50,000,000 has been prepared, and the Defendant’s seal impression is affixed on the name of the Defendant, and the Defendant’s personal seal impression is affixed on October 30, 2013, and the Defendant’s personal seal impression issued was bound. The agent E of the instant application for registration prepared the confirmation information to the effect that: (a) verifying that the person liable for registration is the person liable for registration; (b) the document for registration is written by the Defendant as the person liable for registration; and (c) written by the person responsible for registration; and (d) the copy of the Defendant’s resident registration certificate is bound.

As a result of appraising the unmanned affixed to the confirmation document of this case, it was found that it is inconsistent with the defendant's unmanned seal.

On the other hand, the defendant filed a complaint with C by forging private documents around September 2015, but it has not been able to secure the identity of C until now.

[Ground of recognition] without any dispute, Gap's 1 through 6 evidence, appraiser F's appraisal result, the plaintiff's assertion of the purport of the whole argument is prepared by C with the legitimate power of attorney granted from the defendant, and the defendant is liable to repay the loan to the plaintiff.

The name of the person in whose name the plate has been affixed, and the writing seal affixed to the document.