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(영문) 수원지방법원안산지원 2020.12.23 2018가단13707
대여금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 150,000,000 and Defendant C from January 12, 2007 to September 12, 2018.

Reasons

1. The Plaintiff, by January 12, 2007, has borrowed 1 billion won from Defendant B with respect to the amount loaned to Defendant B until January 12, 2007 and kept the same regularly.

‘A' received a cash custody certificate (A3), and Defendant C signed and sealed the said cash custody certificate as a joint guarantor.

The Plaintiff filed the instant lawsuit claiming 200 million won against the Defendants on July 25, 2018 in order to receive only KRW 200 million from the Defendants, taking into account the Plaintiff’s punishment, the Defendants’ repayment ability, etc.

After the filing of the instant lawsuit, Defendant C repaid to the Plaintiff the sum of KRW 50 million on December 12, 2018, and KRW 10 million on December 29, 2018.

[Ground of recognition] Facts without dispute, Gap2 through 6, the purport of the entire pleadings [the defendant Eul disputes over the authenticity of the cash custody certificate (A3], but it is presumed that the defendant Eul's stamp image of the defendant Eul (A3) is based on the result of appraiser D's stamp image, and such stamp image is ratified as affixed according to the defendant Eul's will. Accordingly, since the authenticity of the above document is presumed to have been established, the above defendant's assertion of evidence is rejected];

2. Determination

A. According to the facts of the determination as to the cause of the claim, Defendant C, the debtor, is jointly and severally liable to pay to the Plaintiff 150 million won a loan (200 million won - 50 million won) and the amount of money calculated by each ratio of 12% a year from January 12, 2007, which is the date of the loan (Defendant C, September 12, 2018; and Defendant B, November 30, 2018) to the date of service of the complaint (the date of service of the complaint from September 12, 2018; and the date of service of the complaint from November 30, 2018), each of the following day to May 31, 2019 (Special Cases Concerning the Promotion, etc. of Legal Proceedings) and from the next day to the date of full payment (Special Cases Concerning the Encouragement, etc. of Legal Proceedings) to the Plaintiff.

B. As to the Defendants’ assertion, Defendant B asserts that Defendant B is not legally responsible since Defendant B’s part of the cash custody certificate (A3) was voluntarily prepared by Defendant C without the power of attorney. The cash custody certificate (A3 Defendant B.) is not legally responsible.

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