logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.08.20 2019가합52914
대여금
Text

1. The Defendant shall jointly and severally pay to the Plaintiffs KRW 300,000,000, respectively, as well as the full payment from February 22, 2019.

Reasons

1. Basic facts

A. On August 21, 2018, the Plaintiffs agreed to lend KRW 300,000,000 each to D with interest rate of KRW 2% per month and by August 2019. At that time, the Plaintiffs paid KRW 300,000,000 each to D around that time.

B. On August 21, 2018, D’s upper end of each of the loan certificates (hereinafter “each of the loan certificates in this case”) written by the Plaintiffs as of August 21, 2018, stated that D borrowed KRW 300,000,000 from each of the Plaintiffs, interest rate, maturity period, etc., and the column of joint and several sureties at the bottom includes the Defendant’s signature, address, resident registration number, and telephone number. The respective loan certificates in this case are accompanied by a seal between the Plaintiffs and D.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1 and 5, the statements and shapes (including paper numbers), witness D's testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. Of each of the instant L/Cs, the authenticity of the part in the Defendant’s name is presumed to be genuine when the signature, seal, or seal of the principal or his agent is affixed (Article 358 of the Civil Procedure Act). In the event that the person preparing the private document admits that the signature, seal, etc. was affixed on the private document in question, the authenticity of the entire document shall be presumed to have been established unless there are other special circumstances, such as the reversal of such presumption by counter-proof. In the event that the authenticity of the portion in question is recognized, barring any other special circumstances, the document shall be presumed to have been signed and sealed by the person signing the document in question when the entire document was completed, and the document shall be deemed to have been signed and sealed by the person signing the document when the whole or part of the document was completed. Therefore, if the person signing the document seeks to have the presumption of authenticity as a completion document, reasonable grounds therefor and indirect counter-proof, etc. are supported.

arrow