(영문) 부산지방법원 2020.05.26 2019가단334315

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(영문) 부산지방법원 2020.05.26 2019가단334315

대여금

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1. Defendant B’s interest rate of KRW 58,00,000 and KRW 38,00,000 among the Plaintiff shall be from June 28, 2019 to the date of full payment.

Reasons

1. As to the claim against Defendant B, the Plaintiff agreed to receive payment of KRW 58 million from January 19, 2019, which had not been paid as of January 19, 201, as of January 19, 2019. Of these, 12% per annum for KRW 38 million and 24% per annum for the remainder of KRW 20 million, and the Plaintiff received a loan certificate of this content from the above Defendant; Defendant B did not dispute between the Plaintiff and the Defendant on June 28, 2019 for KRW 38 million.

Therefore, Defendant B is obligated to pay to the Plaintiff interest and delay damages calculated by the rate of 12% per annum, which is the agreed rate from June 28, 2019 to the date of full payment, with respect to the Plaintiff’s KRW 58 million and KRW 38 million, and to the date of full payment, interest and delay damages calculated by the agreed rate of 24% per annum from May 28, 2019 to the date of full payment.

2. The Plaintiff asserts that Defendant C had jointly and severally guaranteed the debt borrowed from Defendant C, and sought reimbursement of the said money.

In this regard, Defendant C asserts that the seal affixed to the loan certificate is not his own, and that it is not sufficient to accept the joint and several guarantee.

Therefore, the plaintiff must prove that the above loan certificate was actually prepared on the basis of the will of the defendant C, and the defendant C, from among the absence of the defendant C, has entered the name of the defendant C, who is the child of the defendant B, in the joint guarantor column with the receipt of the loan certificate from the defendant C, and the defendant B affixed the seal affixed to the "C" on his name, and there is no dispute between the parties, or there is no evidence to prove that the above seal was affixed to the defendant C, or that the defendant C consented to the use of his own seal.

Therefore, the above loan certificate is valid.

유사 판례

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