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(영문) 인천지방법원 2019.04.03 2018가단26276
대여금
Text

1. The defendant shall pay 3,400,000 won to the plaintiff jointly with C.

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

3...

Reasons

1. Facts of recognition;

A. Nonparty D recognized the Plaintiff’s claim on November 7, 2018 by the co-defendant C.

In addition, C or the Defendant, who was the teaching party C, lent money to the Defendant as specified in the following table, and received a loan certificate from C or the Defendant.

- List - The loan certificate drawn up as of December 5, 2006 10,000 C on December 28, 2006 10,000 C on December 28, 2006,00 C 3,3200 C on December 21, 2007 - The borrower is Nonparty F and C is a joint and several surety.

Defendant 25,000,000 in total on March 25, 2008

B. C paid interest to D, and on January 2, 2009, the Plaintiff, the husband of D, as the obligee, as the creditor, was KRW 3,400,000,000, totaling the interest deposited in the principal amount of KRW 25,000,000, and the due date for payment was determined on December 10, 2010, and a new loan certificate was issued by setting the interest at 2.5% per month (hereinafter “the loan certificate in this case”), and the Defendant affixed the seal on the loan certificate in this case as a joint and several surety.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 (which is identical to the defendant's name and seal affixed to the defendant's joint guarantor's name) is recognized by the appraiser E's unmanned appraisal result, and thus the authenticity of the whole document is presumed to be established. The defendant has no evidence to the purport that the loan certificate is forged, but there is no evidence to acknowledge these defendant's assertion) and the purport of the whole argument, and the purport of the whole argument.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant, as a joint and several surety, is obligated to pay KRW 33,400,000 to the plaintiff based on the loan certificate of this case, unless there are special circumstances.

B. Although the defendant alleged that he/she fully repaid his/her debt, the materials submitted by the defendant alone are insufficient to recognize the fact of the defendant's assertion, and there is no other evidence to acknowledge it.

Therefore, this part of the defendant's argument is without merit.

3. Conclusion.

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