(영문) 서울동부지방법원 2016.09.27 2014가합9913

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(영문) 서울동부지방법원 2016.09.27 2014가합9913

차용금

Text

1. The defendant (Counterclaim plaintiff) and the plaintiff C respectively are 66,66,666 won and the plaintiff C on August 23, 2005.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 17, 2004, the deceased A (hereinafter referred to as the “the Deceased”) lent KRW 130,000,000 to the Defendant, and KRW 70,000,000 on August 24, 200 (hereinafter referred to as the “the instant loan”). The Defendant, around August 23, 2004, paid the Deceased interest of KRW 200,000,000 from August 23, 2004 to the Defendant, and the date of repayment was August 22, 2005 (hereinafter referred to as the “Agreement”).

B. The Deceased died on September 14, 2014, and the Plaintiffs, a child, inherited the Deceased.

[Ground of recognition] Facts without dispute, entry of evidence A2 to 4, purport of the whole pleadings

2. According to the above facts of recognition as to the claim of the principal lawsuit, the defendant is obligated to pay the plaintiffs who are the deceased's successors to each of 66,66,66 won (=200,000,000 won x inheritance shares 1/3, less than won) and the interest calculated at the rate of 30% per annum within the agreed interest rate from August 23, 2005 to the date of full payment.

The defendant asserts that the loan of this case was borrowed from the plaintiff D, and that Gap No. 1 was using his seal without permission.

If the authenticity of a signature affixed on a private document is reproduced by his/her seal, barring any special circumstance, the authenticity of the signature shall be presumed, barring any special circumstance. Once the authenticity of the seal is presumed, the authenticity of the entire document shall be presumed pursuant to Article 358 of the Civil Procedure Act. However, inasmuch as the authenticity of the seal is presumed to have been created, i.e., the presumption that the act of affixing the seal would depend on the will of the person who prepared the seal, the presumption of the authenticity of the seal shall be broken if the person who disputes the authenticity of the seal imprints the court to prove circumstances that the act of affixing the seal according to the will of the person who prepared the seal.

In the instant case, Plaintiff B.

참조조문

-민사소송법 제358조

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