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(영문) 광주지방법원목포지원 2017.05.17 2016가단1241
대여금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On December 29, 2009, the Plaintiff’s assertion C entered into an agreement with the Plaintiff to obtain a loan of KRW 100,000,00 from the Plaintiff (hereinafter “instant loan obligation”) by setting respectively the repayment date as December 29, 2013, interest rate of KRW 9.5% per annum, interest rate of KRW 22% per annum, and interest rate of KRW 100,00,00 from the Plaintiff. The Defendants jointly and severally guaranteed the instant loan obligation as alleged by the Plaintiff.

However, after April 13, 2013, C lost the interest of the instant loan due to the Plaintiff’s failure to pay the interest of the instant loan, and on the other hand, as of August 11, 2015, the principal and interest of the instant loan amounting to KRW 86,825,216 (i.e., the principal and interest of the instant loan amounting to KRW 54,085,240, 32,739,976).

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the principal and interest of the instant loan amounting to KRW 86,825,216 and the agreed damages for delay as to the principal amounting to KRW 54,085,240.

2. Determination

A. In a case where the authenticity of the relevant legal doctrine’s signature is recognized, the circumstances such as the first signing of the document at the time when the whole or part of the document was not completed shall be deemed to belong to this example. As such, reasonable grounds and evidence, such as indirect counter-proof, are needed to reverse the presumption of the authenticity of the completed document.

(3) In light of the aforementioned legal principles, the Plaintiff is liable for the submission of a document to the effect that the document is duly entrusted with the authority of the person who prepared the document, and that the document is not the person who prepared the document, and that the document is not the person who prepared the document is not the person who prepared the document but the document is not the person who prepared the document, but the document is not the person who prepared the document, and that the document is a legitimate source of authority.

(See Supreme Court Decision 9Da37009 delivered on June 9, 2000, etc.). B.

Judgment

In light of the above legal principles, health class, etc.

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