대여금
1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 12% per annum from January 30, 2019 to the date of full payment.
1. On January 27, 2015, the Plaintiff leased KRW 100 million to the Defendant on December 20, 2018, setting the due date for payment as KRW 100 million, and C jointly and severally guaranteed the Defendant’s above loan obligations against the Plaintiff.
[Reasons for Recognition: A evidence of No. 1 (if the seal imprint of a holder in whose name the private document is affixed is reproduced by his/her seal, it is presumed that the act of signing and sealing it is based on the intention of the holder in whose name the seal is written, barring any special circumstance, and once the authenticity of the seal is presumed, the authenticity of the entire document is presumed to be established in accordance with Article 358 of the Civil Procedure Act
As such, the presumption that the authenticity of the seal imprints is based on the intention of the holder of the title deed, the presumption of the authenticity of the seal imprints is de facto presumed. If a person who disputes the authenticity of the seal imprints proves circumstances that the act of sealing the seal is based on the intention of the holder of the title deed, the presumption of the authenticity of the seal imprints if he/she proves that the act of sealing
(See Supreme Court Decision 2002Da59122 Decided February 11, 2003, etc.). Since the Defendant stated that the seals affixed to the evidence No. 1 affixed to the Defendant’s letter of evidence No. 1 comply with the Defendant’s intention, the letter is presumed to have been affixed according to the Defendant’s intention, and there is no circumstance to suspect that the seals affixed to the Defendant’s letter of evidence No. 1 were affixed arbitrarily against the Defendant’s will, as seen below
Therefore, the authenticity of No. 1 can be recognized.
[Entry and the purport of the whole pleadings]
2. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay to the plaintiff 10 million won of loans and damages for delay calculated at the rate of 12% per annum from January 30, 2019 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, as requested by the plaintiff, as the repayment deadline for the loan 10 million won and its payment deadline.
3. Judgment on the defendant's assertion
A. The defendant's summary of the assertion is C. 27 billion won.