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(영문) 광주지방법원 2016.05.26 2015가단21740

대여금

Text

1. The defendant shall pay 22,50,000 won to the plaintiff and 20% per annum from October 30, 2006 to the day of complete payment.

Reasons

1. In full view of Gap evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the results of the written appraisal of appraiser C of this court and the purport of the whole pleadings, the plaintiff lent 22,50,000 won to non-party D on February 13, 2004 to non-party D on October 30, 2006, interest rate of 2% (if the interest payment is made once again, the interest payment shall lose the benefit of the due date), and interest rate of 20% per annum. The defendant's joint and several liability is recognized. According to the above facts of recognition, the defendant, as a joint and several surety, is liable to pay the plaintiff a delay compensation amounting to 20% per annum from October 30, 2006 to the day of full payment.

[The defendant denies the authenticity of the above notarial deed. Thus, unless there are special circumstances such as assertion and proof that a notary public did not properly go through the procedures prescribed in the Notary Public Act in the case of the authentication of the deed signed by a notary public, the authenticity of the deed signed by a notary public is presumed to have been established (see, e.g., Supreme Court Decision 91Da35816, Jul. 28, 1992). According to the above appraisal result, there is no evidence to prove that the address, name, pen book, and the defendant's pen book stated in the above notarial deed are identical to the above notarial deed, and the authenticity has not been properly followed the procedures prescribed in the above law, and there is no reason for the above assertion that the deceased's defense on June 25, 2005 died on June 25, 2005, and the defendant's application for renunciation of inheritance was rejected on September 22, 2005, and thus, there is no reason for waiver of the defendant's joint and several sureties.

3. Conclusion