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(영문) 수원지방법원 안양지원 2018.02.09 2016가단121800
대여금
Text

1. Defendant C: 10,000,000 won to Plaintiff B and 5% per annum from October 21, 2017 to February 9, 2018.

Reasons

1. Determination as to Plaintiff A’s claim against the Defendants

A. The Plaintiff’s assertion that Plaintiff A made a loan to Defendant C, the sum of KRW 23 million, including KRW 15 million on January 16, 2009, KRW 6 million on March 20, 2009, KRW 23 million on July 31, 2009, KRW 30 million on interest rate, and the due date of payment on December 31, 2009, and Defendant D jointly and severally guaranteed this.

B. The Plaintiff A submitted the evidence No. 1-3 (hereinafter “each of the instant loan certificates”) based on the loan claim, and the Defendants asserted that each of the instant loan certificates was forged.

According to the result of the appraisal commission and the purport of the entire argument of this court with respect to appraiser Eul, the defendant D's seal affixed to each of the above loan certificates of this case is different from the seal affixed to the above loan certificates. The defendant D's seal affixed to each of the loan certificates of this case is attached to the above loan certificates of this case, while the defendant D's seal affixed to each of the loan certificates of this case, the joint guarantor of the defendant C's seal affixed to the above loan certificates of this case, while the defendant C's seal affixed to each of the above loan certificates of this case is not attached to the certificate of the defendant C's seal affixed to the defendant C's seal affixed to the above loan certificates of this case, and it is recognized that each of

Therefore, Plaintiff A’s assertion against the Defendants is without merit.

2. Determination as to Plaintiff B’s claim against Defendant C

A. Plaintiff B’s assertion was determined and lent to Defendant C a total of KRW 30 million on February 3, 2009, and KRW 20 million thereafter as of February 3, 2014.

B. Defendant C did not dispute the fact of borrowing KRW 10 million from Plaintiff B on February 3, 2009 with the due date set on February 26, 2009. However, Defendant C asserts that the remainder of the money did not have been borrowed, and that the evidence No. 2-2, corresponding thereto, was forged.

The plaintiff B, who claimed that the plaintiff B loaned additional KRW 20 million after the loan of KRW 10 million, and based on that ground, Eul evidence No. 2-2.

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