(영문) 서울중앙지방법원 2015.11.25 2014가단250148

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(영문) 서울중앙지방법원 2015.11.25 2014가단250148

대여금

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1. The defendant shall pay to the plaintiff the amount of KRW 79,07,767 and KRW 25,537,154 from October 13, 2014 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) The Future Savings Bank Co., Ltd. loaned 30,000,000 won to B on March 14, 2008 at the interest rate of 23.725% per annum, 33% per annum, and 18 April 2009 for the loan maturity (hereinafter “instant loan”).

(2) On April 30, 2013, the Defendant was declared bankrupt on April 30, 2013, and the Plaintiff was appointed as bankruptcy trustee.

3) As of October 12, 2014, B’s outstanding principal amounting to KRW 79,007,767 (i.e., principal amounting to KRW 25,537,154 and delay damages amounting to KRW 52,930,617 and arrears amounting to KRW 539,96)

B. According to the above facts of determination, the Defendant, a joint and several surety for the instant loan, is obligated to pay to the Plaintiff the principal of the instant loan of KRW 79,007,767, and the principal of the loan of KRW 25,537,154, and the agreed damages for delay calculated at the rate of 33% per annum from October 13, 2014 to the date of full payment.

2. Determination on the Defendant’s assertion

A. The Defendant asserted that the Defendant’s signature entered in the column for joint and several sureties of the credit transaction agreement dated March 14, 2008 was forged by any group of co-sureties, and that the Defendant’s seal affixed thereto was stolen. As such, the Defendant’s assertion that the above credit transaction agreement was not a document written or sealed according to the Defendant’s intent, and denies the fact of joint and several sureties for the instant loan.

B. According to the aforementioned evidence, such as the written appraisal by the appraisal appraiser C, the part of the defendant's name stated in the above credit transaction agreement can be recognized as the completion of the defendant's entry, and the fact that the defendant's seal is affixed is confirmed as there is no dispute over the part of the defendant's seal affixed adjacent to the defendant's name. As such, the defendant's objection to the whole credit transaction agreement is not accepted as presumed to have

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