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(영문) 서울남부지방법원 2015.11.06 2015가단30514

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that the defendant is responsible for paying damages for delay of KRW 170,067,163 and the principal of the loan at KRW 51,97,673, 167, and 51,97,673 of the loan, on the premise that the defendant had received the loan of installment savings (hereinafter collectively referred to as "the loan in this case") of KRW 15% per annum under the joint and several sureties surety i) interest rate on December 30, 200, the expiration date of the loan, KRW 29 million per annum 14.5% per annum on December 30, 2002, and KRW 28 million on December 30, 2002.

2. The defendant did not conclude the loan contract of this case, and each loan transaction agreement (No. 4-1, No. 2 of the evidence A) presented by the plaintiff was forged by D, which was an executive officer of the Eunpyeong Community Credit Cooperatives Association at the time.

In light of the evidence that the Defendant received the instant loan, each loan transaction agreement (Evidence 4-1, 2 of the evidence No. 4) exists, but the seal affixed to each loan transaction agreement appears to be so-called “abdominance” which can be made by anyone other than the Defendant’s seal imprint (refer to the evidence No. 2 of the Defendant’s seal impression). ② From October 7, 1997, the Defendant was living with the director from Sungnam-si, Sungnam-si, and was living with the director, and it was difficult to view that the Defendant signed the instant loan contract by visiting the Changwon branch in Gangwon-do, in the state of giving birth to F, his father-do, who was born to his father-do, and then visited the community credit cooperative. ③ When the address on the copy of the Defendant’s resident registration certificate attached to the said loan transaction agreement was written in the last place in Sungnam-si, Sungnam-si, the Defendant’s agent authority cannot be deemed to have been concluded pursuant to the loan contract or the instant loan contract.