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(영문) 광주지방법원순천지원 2016.07.06 2016가단1100
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,000,00 and Defendant B from January 1, 2015 to May 3, 2016.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the plaintiff lent KRW 50 million to defendant B on September 3, 2014, and agreed to receive KRW 30 million until October 31, 2014, and the remainder of KRW 20 million until December 31, 2014. The defendant C signed and sealed the loan certificate stating the above monetary lending relationship with the plaintiff as a joint and several surety on the loan certificate.

According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 50 million and the amount of damages for delay calculated at each rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 1, 2015 to May 3, 2016 in the case of Defendant B, the delivery date of a copy of the complaint in this case, and from December 29, 2014 in the case of Defendant C, 5% per annum as stipulated in each Civil Act until December 29, 2014, and 15% per annum as stipulated in each of

As to this, Defendant C asserts to the effect that the above loan certificate has no validity since it was signed and sealed by Defendant C’s deception, but it is difficult to accept the above Defendant’s assertion, since there is no evidence to acknowledge it.

Thus, the plaintiff's claim against the defendants of this case is justified.

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