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(영문) 대전지방법원 천안지원 2018.10.04 2018가단102573
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that on December 23, 2016, the plaintiffs lent 36% interest rate of 50 million won per annum to the defendant on December 23, 2016, and on May 22, 2017. The plaintiffs asserted that 604,794,520 won (i.e., principal amount of 500 million won up to February 22, 2018: 104,794,520 won per annum 25% interest rate under the Interest Limitation Act from May 23, 2017 to February 22, 2018 (104,794,520 won), the remainder of 237,794,520 won, excluding the successful bid price of 367,000,000,000 won, and the amount equivalent to damages for delay to the plaintiff and the defendant's share of 1304,792,3294,264,26

As to this, the defendant asserts that F, who is the defendant's children, arbitrarily, has written a monetary loan contract (Evidence A (Evidence A) using the defendant's seal imprint, seal imprint, etc., and the defendant did not borrow money from the plaintiffs.

2. The judgment is based on the seals of the parties, although there is no dispute between the parties that the stamp image next to the defendant's name, which is set forth in Gap's No. 1 (Monetary Loan Contract) is based on the defendant's seal, the F affixs the defendant's seal on the defendant's name pursuant to the above monetary loan contract, and there is no dispute between the parties, and there is no evidence to prove that F has the right to affix the defendant's seal. Thus, the above evidence No. 1 (Monetary Loan Contract) cannot be used as evidence, and there is no other evidence to prove the fact of the loan alleged by the

3. According to the conclusion, the plaintiffs' claim of this case is dismissed in entirety as it is without merit. It is so decided as per Disposition.

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