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1. The defendant shall pay 10 million won to the plaintiff and 30% per annum from October 21, 2009 to the day of complete payment.
Reasons
1. Loan certificate and assignment of claims;
A. On October 20, 2009, a certificate of borrowing KRW 100 million was prepared by the Defendant as the debtor, C as a joint and several surety, with the amount of KRW 200 million due on January 20, 201, and 2.5% interest per month from the creditor D (hereinafter “the instant certificate of borrowing”). The above certificate of borrowing is accompanied by a certificate of personal seal impression issued on October 16, 2009 by the Defendant himself/herself.
B. On July 31, 2012, D transferred all of the claims pursuant to the instant loan certificate to the Plaintiff (hereinafter “transfer of claims”) and notified the Defendant by content-certified mail on August 23, 2012.
On August 24, 2012, the above notification was delivered to the "F building 502 in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the Defendant received the G Company Building Fees."
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, Gap evidence 4, 5-1, Eul evidence 5-1 and the purport of the whole pleadings
2. The plaintiff asserts that the parties concerned is the transferee of the loan claim under the loan certificate of this case and seek the payment of the loan to the defendant.
On this issue, the defendant asserts as follows.
① The loan certificate of this case is, when it is necessary for C to receive deposits for the purchase of a single-use license unit deposited in the Construction Association at H Co., Ltd. with which C is a director, forged the Defendant’s receipt of a certificate of personal seal impression and a seal imprint.
(2) The defendant has no money from D.
③ The Defendant did not receive the notice of assignment of the instant claim.
④ In light of the fact that a claim against C, a joint and several surety, is not transferred when transferring the assignment of the instant claim, the assignment of the instant claim is null and void for a trust in a lawsuit.
3. Determination
A. Since there is no dispute over the fact that the following stamp image after the Defendant’s name of the loan certificate of this case was affixed with the seal of the Defendant, the loan certificate of this case is presumed to be the authenticity of the entire document.
The defendant asserts that the loan certificate of this case was forged by C, but ①.