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(영문) 부산지방법원 2019.06.25 2018가단310718
대여금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. Attached Form 2 to the Plaintiff (Counterclaim Defendant) of the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. As of September 13, 2017 between the Plaintiff and the Defendant, “1. Goods (vehicle/specific) information, manufacturer (seller): G, model name: H, price of goods: 39,153,00 won;

2. Terms and Conditions of Products: The General Terms and Conditions of Loans 39,100,000 won (an equal repayment of principal and interest), total loans: 39,100,000 won, overdue interest rate: 23% per hour not exceeding 30 days in arrears, and 24% per hour exceeding 30 days in arrears, and 30 days in arrears; and hereinafter referred to as the "Agreement in this case") have been prepared.

2. Determination

A. As of March 14, 2018, the Plaintiff, the cause of the principal lawsuit, failed to perform his/her obligation under the instant agreement, was unpaid in KRW 36,813,753, interest and other expenses as of March 14, 2018. The Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 24% per annum, which is the agreed interest rate from March 15, 2018 to the date of full payment.

B. Around August 2017, the Defendant, which caused a counterclaim, received a proposal from I, J, etc. that the Plaintiff would establish a juristic person and would offer 20% of the profits accrued from the operation of the juristic person if the Plaintiff is in charge of the representative director, and issued I, etc. the Defendant’s identification card, seal imprint certificate, and seal imprint certificate, etc., and I, etc. prepared the instant agreement by stealing the Defendant’s seal imprint certificate, seal imprint certificate, etc. and forging the Defendant’s signature.

Therefore, the defendant asserts that the plaintiff cannot respond to the plaintiff's loan, etc. under the above agreement, and seeks confirmation that there is no obligation to return the loan under the above agreement as a counterclaim.

C. The defendant asserts that the signature next to the defendant's name of No. 3 (Agreement) is not by the defendant's writing. There is no evidence to prove that the signature specified in the above Agreement is by the defendant's writing, and rather, Eul's evidence No. 10-7, 10-8, and 10-9 (including paper numbers) is included.

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