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(영문) 서울중앙지방법원 2018.02.09 2015가합554592

대여금

Text

1. Defendant B shall pay to the Plaintiff KRW 220,00,000 as well as 30% per annum from May 1, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On February 12, 2014, the Plaintiff and Defendant B drafted a notarial deed stating that: (a) a notary public commissioned Defendant B to a law firm Daba; (b) the Plaintiff paid due date of payment of KRW 220,000,000 to Defendant B; and (c) the Plaintiff specified and lent the amount at 30% per annum of the agreed delay damages rate (hereinafter “instant notarial deed”).

B. At the time of the preparation of the instant notarial deed, Defendant B, as the agent of Defendant C, entrusted Defendant C with the preparation of the content that Defendant C is jointly and severally liable for the above loan debt of Defendant B.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Claim against the defendant B

(a) Claim indication: Loans on the Notarial Deed of this case and claims for delayed payment damages on agreed terms

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

3. Claim against Defendant C

A. The plaintiff in the parties' assertion asserts that the defendant C should pay the debt under the notarial deed of this case jointly and severally with the defendant C as a joint and several surety.

In regard to this, Defendant C asserted that, as a person who is engaged in the art community, he should deposit a certain amount of security in order to perform a public performance in the national theater from Defendant B, and he borrowed a certificate of personal seal impression and a certificate of personal seal impression to the end that the joint guarantor needs to be needed, Defendant C did not confer the right of representation on the commission of preparation of the authentic deed of this case to conclude a loan for consumption with the Plaintiff to Defendant B, so

B. If the seal imprinted by his/her seal imprinted in the judgment document is affixed, barring any special circumstance, it shall be presumed that the authenticity of the seal imprint was created, i.e., the act of sealing is based on the will of the person who prepared the document. Once the authenticity of the seal is presumed, the authenticity of the entire document shall be presumed, but such presumption is made by a person other than the person who prepared the document.