(영문) 창원지방법원통영지원 2017.07.06 2016가단8083

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(영문) 창원지방법원통영지원 2017.07.06 2016가단8083

대여금

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1. Defendant B shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from January 14, 2017 to the date of full payment.

Reasons

Basic Facts

A. On August 22, 2012, the Plaintiff loaned KRW 25,000,000 to Defendant B by the due date set on February 30, 2013.

B. The loan certificate as to the above loan (hereinafter “the loan certificate in this case”) was prepared, and at the bottom of the loan certificate in this case, the signature of the defendant C is affixed respectively to the following two places: “The borrower (B), the borrower (C), the guarantor (D), and the creditor (A).”

【Defendant B’s ground for recognition: Defendant C is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 14, 2017 to the day of complete payment, as requested by the Plaintiff, according to the above basic facts, according to the fact that there is no dispute over the facts, the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings as to the claims against Defendant B.

The plaintiff's assertion on the part of the claim against the defendant C is unclear as the principal debtor or the joint and several sureties, and the plaintiff's assertion is held liable as the principal debtor or the joint and several sureties.

Defendant B is jointly and severally liable to return the above loan to the Plaintiff.

Judgment

If the stamp image of the person in whose name the document was affixed is affixed, barring any special circumstance, the authenticity of the stamp image shall be presumed to have been made, i.e., the act of affixing the seal is based on the will of the person in whose name the document was written, and once the authenticity of the stamp image is presumed to have been made, the authenticity of the entire document shall be presumed to have been made. However, such presumption is broken if it is revealed that the act of affixing the seal was made by a person other than the person in whose name the document was written, so the person in whose name the document was

Supreme Court Decision 9.9.9.

참조조문

-민사소송법 제150조 제3항

-소송촉진 등에 관한 특례법

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