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(영문) 대전지방법원 천안지원 2018.01.11 2016가단100887

대여금

Text

1. The Defendant’s KRW 30,000,000 for the Plaintiff and the Plaintiff’s 16.8% per annum from October 14, 2014 to March 13, 2015.

Reasons

1. The fact that the Plaintiff leased KRW 30,00,00 to the Defendant on October 13, 2014 at maturity of 13, 2015, the agreed interest rate of KRW 16.8% per annum, and interest rate of delay interest rate of KRW 17% per annum, respectively, is not disputed between the parties, or that the document was forged. However, although there is no dispute over the Defendant’s seal imprint portion, the authenticity of the entire document is presumed to have been established due to the Defendant’s failure to dispute, and there is no evidence to acknowledge this presumption as seen in paragraph (2) below, the entire document’s authenticity may be acknowledged after considering the overall purport of the pleadings as a whole.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff interest and delay damages calculated at the rate of 16.8% per annum from October 14, 2014 to March 13, 2015, the agreed repayment date, and 17% per annum from the following day to the date of full payment.

2. The defendant's assertion argues that the monetary loan contract of this case is forged, and that no other agreement has been entered into between the plaintiff and the plaintiff.

In other words, the following circumstances acknowledged by adding up the evidence adopted earlier and the whole purport of the pleading in Gap evidence No. 5, namely, the monetary loan contract of this case where the employee seal of the defendant company is affixed to the contract of this case, and the employee reduction of the defendant company and the certificate of seal impression of the corporation are attached to the contract of this case, and the defendant is arbitrarily forged the loan contract of this case in the name of Eul where D transferred KRW 377,564,970 at will from October 1, 2014 to November 28, 2014, or withdrawn in cash from the deposit account of Eul managed by D and embezzled to the investors of the investment company, who were employed by D, by arbitrarily paying out the amount of KRW 377,564,970, and additionally receiving investments from the investors who have repaid the amount of investment.