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(영문) 서울중앙지방법원 2019.10.23 2018가단5095825
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest thereon from January 31, 2015 to the date of full payment.

Reasons

1. Claim against Defendant B and D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Claim against Defendant C

A. In addition to the purport of the entire argument in the statement in Gap evidence No. 1, it is recognized that on August 20, 2014, the plaintiff as the creditor on August 20, 2014, the loan certificate was prepared by the defendant Eul, defendant C, and D with 100,000,000 won as a joint and several surety, and 25% per annum as of January 30, 2015 as of the date of repayment, and the above loan certificate was affixed with the seal impression affixed by the defendant C and B and the attached seal impression attached thereto.

B. A private document is presumed to be authentic when the signature, seal, or seal affixed by the principal or by his/her agent is affixed (Article 358 of the Civil Procedure Act). In cases where the formation of the portion of the seal affixed by the person who prepared the private document is recognized, barring special circumstances, such as the reversal of such presumption by counter-proof, the authenticity of the entire document is presumed to be established (see, e.g., Supreme Court Decision 2009Da7762, May 14, 2009).

Defendant C alleged to the effect that the seal imprint affixed on the above loan certificate was stolen by Defendant B, and that it was not an act of unauthorized representation or an expression agent of Defendant B, but it is recognized that Defendant C’s seal imprint was affixed, and there is no evidence to acknowledge that the seal imprint was forged by Defendant B as stated in the above Defendant’s assertion. Rather, the following circumstances, i.e., the following: ① Defendant C prepared and delivered a letter of performance stating that it would pay KRW 00 million to the Plaintiff on August 1, 2012; ② the loan certificate of Defendant C was accompanied by a certificate of personal seal impression issued directly by Defendant C on the preceding day.

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