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(영문) 대구지방법원 2013.01.29 2012가단7509
할부금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 2010, the Defendant issued to B a certificate of personal seal impression, seal imprint certificate, resident registration certificate, resident registration certificate, resident registration certificate, and driver’s license, etc. (hereinafter “certificate of personal seal imprint, etc.”) necessary for the establishment of the incorporated association with Nonparty B and the incorporated association.

B. B issued the Defendant’s certificate of personal seal impression, etc. to Nonparty D, one’s own son, and D, on October 28, 2010, using the Defendant’s certificate of personal seal impression, etc., conducted by the Plaintiff and the Defendant, the Defendant, the joint guarantor and the joint guarantor, and KRW 30,000,000, annual interest rate of KRW 20,000, annual interest rate of KRW 1,114,907, monthly equal installment repayment in 36 months, annual interest rate of KRW 29%, annual interest rate of KRW 30,00,00 from the Plaintiff.

(hereinafter “instant loan agreement”). C.

On January 28, 2012, the defendant filed a complaint with the budget police station for the crime of forging private documents, uttering of falsified documents, etc., and on August 28, 2012, the Daejeon District Public Prosecutor's red branch office issued a decision of suspending prosecution against D.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 4-1 through 4, Eul evidence 1-5, fact-finding results of this court's fact-finding, the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion (1) had the Defendant loaned KRW 30,00,00 from the Plaintiff in accordance with the instant loan agreement. As of February 13, 2012, the Defendant is obligated to pay the Plaintiff KRW 22,643,206 as principal and interest KRW 22,274,628 as of February 13, 2012, the Defendant did not pay KRW 24,917,834 as principal and interest KRW 24,917,834 as well as delay damages.

(2) The Defendant alleged that he had issued a certificate of personal seal impression, etc. to establish a C farming association corporation with B and B as the same business. The Defendant offered that B had a personal seal impression, etc. to his son, and D arbitrarily forged a loan agreement with the Plaintiff by using the above documents, etc.

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