beta
(영문) 서울북부지방법원 2015.07.23 2013가단41407

대여금반환

Text

1. Defendant B’s KRW 30,304,060 as well as 5% per annum from November 5, 2013 to July 23, 2015 to the Plaintiff.

Reasons

1. The parties' assertion

A. From August 29, 2010 to May 2012, 2012, the Plaintiff lent a total of KRW 70 million to Defendant B and its deniedr, and confirmed that the loan unpaid up to that time was KRW 50 million through the settlement of accounts around May 2012, Defendant B as the primary debtor, Defendant C as his/her dependent debtor, as his/her dependent debtor, and Defendant C as his/her dependent surety, received a loan certificate (Evidence 1-1) and received a written agreement (Evidence 2) from Defendant B.

Since June 2012, the Defendants asserted that from around 5, 2012, the Plaintiff joined the five accounts of KRW 10,64,700,000, the Plaintiff was to pay KRW 2,164,70 per month as the deposit amount. Accordingly, the Defendants did not pay KRW 31,654,380 in total by delaying the payment of the deposit amount from May 2013. Thus, the Defendants jointly and severally are liable to pay KRW 31,654,380 in total due to the delay of the payment of the deposit amount.

B. The Defendants did not have any monetary transaction with the Plaintiff, nor did they have prepared a loan certificate. However, although D, at the Plaintiff’s request, stated the amount and the maturity date on the paper with the Defendant’s personal information and delivered it together with the Defendant’s certificate of the personal seal impression, the Defendants did not grant the right of representation to D on the above loan and the joint and several guarantee.

In addition, the plaintiff's accession to the Gyeyang-gu's Gyeyang-gu's Gyeyang-gu's share is also made between D and the plaintiff, and the defendants are not aware of it.

2. Determination as to the claim against the defendant B

A. In a case where it is recognized that the seal affixed to a document, A’s written agreement, and the seal affixed to the document is affixed by the seal, barring special circumstances, the establishment of the seal, that is, the seal affixed by the person who prepared the document, shall be presumed to have been affixed. Once it is presumed, the authenticity of the document shall be established in accordance with Article 358 of the Civil Procedure Act.