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(영문) 울산지방법원 2018.03.29 2017나22384
대여금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the Plaintiff’s written evidence No. 1 and the overall purport of the pleadings, it is recognized that: (a) on October 10, 2016, a notary public, the content that “the Plaintiff specified KRW 162,400,000 to Defendant B on October 10, 2016, interest rate of KRW 24% per annum; (b) October 10, 2008; (c) delay damages; and (d) Defendant C’s joint and several guarantee of the said loan obligations, was written by the No. 1534, the No. 1534, 2006 No. 1534 (hereinafter “notarial deed of this case”).

According to the above facts, the defendants are jointly and severally liable to pay the principal and interest of a loan under a monetary loan agreement to the plaintiff.

B. Determination as to the Defendants’ assertion 1) The summary of the Defendants’ assertion is only one year, and the Plaintiff did not lend money to Defendant C for the purpose of investing in Defendant C’s business, such as the operation of the game room, etc. for more than one year. However, as the Defendant C was placed in a position to be bound due to the crime of gambling, etc., the Plaintiff recovered the amount of investment, and the Plaintiff appointed Defendant C’s counsel on behalf of his counsel, and only prepared the instant notarial deed with a false content in order to be paid the expenses. 2) If a notary public or an attorney-at-law who is a member of the joint law office authorized to conduct judgment or notarial affairs at the request of the client or the client’s agent, it is a public document, and thus, the authenticity of the deed is presumed to have been established pursuant to Article 356(1) of the Civil Procedure Act, and as such, prior to the preparation of the deed to secure the authenticity of the reported content, the procedure for verifying the authority of attorney or the client’s agent’s authority of representation, etc.

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