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(영문) 서울중앙지방법원 2018.11.01 2018나19858
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On February 24, 2011, B borrowed KRW 40 million (hereinafter “instant loan”) from Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”), setting a loan period of 36 months, interest rate of loans 26.9% per annum, and interest rate of delay 38.9% per annum, and the Defendant jointly and severally guaranteed the above loan obligations of KRW B.

B. As of February 9, 2017, the principal amount of the instant loan is KRW 60,432,908, and the principal amount is KRW 22,640,793, and the interest rate for arrears currently applicable is KRW 27.9%.

C. The Solomon Mutual Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap46, and the Plaintiff was appointed as the bankruptcy trustee.

【Ground of recognition, without any dispute, Gap’s evidence No. 1 (a written agreement, the defendant’s name is based on the defendant’s seal, and the authenticity of the whole document is presumed to have been formed, since there is no dispute between the parties that the stamp image next to the defendant’s name is based on the defendant’s seal seal. As to this, the defendant asserted that Eul, the representative of Eul, voluntarily prepared the above written agreement, but there is no evidence to acknowledge it, and therefore, the defendant’s above assertion is without merit) and

2. According to the above facts, the Defendant is jointly and severally liable with B to pay to the Plaintiff the interest rate of KRW 60,432,90 of the principal of the instant loan and KRW 22,640,793 of the principal, which is interest rate of KRW 27.9% per annum from February 10, 2017 to the date of full payment.

3. If so, the plaintiff's claim against the defendant is reasonable, and the part against the defendant in the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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