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(영문) 광주지방법원 2016.02.04 2015가단10849

대여금

Text

1. The defendant shall pay to the plaintiff KRW 80,000 and KRW 30,00,000 among them, from March 26, 2005, KRW 50,000,00.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2 (including additional numbers) as to the cause of the claim, the plaintiff lent 80,000,000 won to the non-party C on October 25, 2004 on March 25, 2005, to the non-party C for the payment period of 80,000 won, and the defendant guaranteed the above obligation at this time [the plaintiff has a loan claim of 30,000,000 won against the defendant, and the two owners of the fraternity to which the defendant joined, have a notarial deed as to the claim of 45,00,000 won, which was paid by the defendant on December 30, 2005 with a notarial deed with the amount of credit of 50,000,000 won as to the claim of 45,000,000 won as to the No. notarial deed as to the defendant's joint and several liability of 80,0000,0000 won.

Unless there are special circumstances, such as assertion and proof that a notary public did not go through the procedures prescribed in the Notary Public Act in the case of authentication of a deed signed by a notary public, the defendant asserts that the right of representation on the preparation of the notarial deed in this case is null and void due to the lack of the fact of granting it and therefore, it is presumed that the authenticity of a deed signed by a notary public is established (see, e.g., Supreme Court Decision 91Da35816, Jul. 28, 1992). Thus, there is no assertion or proof as to the fact that a notary public did not go through the procedures

[The claim in this case is filed) may be recognized as the cause of the claim. According to the above facts, the defendant's above facts, barring special circumstances, as to KRW 80,00,000 among them, and KRW 30,000 among them, as requested by the plaintiff, from March 26, 2005, KRW 50,000 among them, from July 1, 2006 to March 25, 2015, and from the following day after the delivery date of a copy of each complaint in this case, 5% per annum as prescribed by the Civil Act, and from the following day to September 30, 2015, under the Act on the Promotion, etc. of Lawsuit before the amendment.