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(영문) 의정부지방법원 2019.05.23 2018나7123

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. 1) As long as the formation of a disposal document is recognized as authentic, the court shall recognize the existence and content of the expression of intent as stated in the disposal document, unless there is any clear and acceptable counter-proof evidence that denies the contents of the statement (see Supreme Court Decision 2002Da23482, Jun. 28, 2002) 1 evidence No. 2) No. 1 of the document (see Supreme Court Decision 2002Da23482, Jun. 28, 2002). In addition, considering the whole purport of the pleading as a result of the unmanned appraisal by the appraiser D of the first instance trial, it can be recognized that the name of the defendant is the defendant, and the authenticity of the document is presumed to have been established. The defendant lent money to the defendant E through the co-defendant of the first instance trial, and the defendant extended part of the loan to the defendant E through the defendant, and there is no proof that C borrowed it with the intent of debt repayment, but there is no evidence to acknowledge it.

3. Therefore, in accordance with the language and text of the above loan certificate, the Defendant is jointly and severally liable to pay the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 20, 2018 to the day of full payment, as requested by the Plaintiff and the joint Defendant C of the first instance trial jointly and severally with the Plaintiff.

2. The plaintiff's claim against the defendant is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.