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(영문) 수원지방법원 2016.12.01 2015가단135947
사용료
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,522,625 won and 24% per annum from October 13, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

(a) If the seal imprinted by the holder of a title deed affixed on a private document is affixed with his/her seal, barring any special circumstance, the authenticity of the seal imprint shall be presumed to be established, i.e., the act of signing and sealing it based on the intent of the holder of the title deed. Once the authenticity of the seal imprinted is presumed, the authenticity of the document shall be presumed to have been established

B. The entire document is presumed to have been authentic, given that Gap evidence Nos. 1 (a written application and the defendants' name is recognized as being affixed with the seals of the defendants, the entire document is presumed to have been authentic. The defendants asserted that D was forged, but there is no evidence to acknowledge it. Rather, in full view of the overall purport of the arguments in Gap evidence No. 14, defendant C filed a criminal complaint with Eul using the forgery of private documents, etc., and it can be recognized that D was subject to a non-prosecution disposition that is not suspected of suspicion, and the whole purport of the arguments in the evidence Nos. 2 through 14 is comprehensively taken into account, the plaintiff entered into a contract with defendant A Co.,, Ltd. (a former trade name: B; hereinafter referred to as the "Defendant Co., Ltd.") on October 24, 2014 without paying the total amount of KRW 36 months prior to the agreed period, monthly lease charges of KRW 1,314,000, and overdue lease rate of KRW 24% (hereinafter referred to as "Defendant 25.25").

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff 50,522,625 won, such as the lease fee payable, and damages for delay determined at the rate of 24% per annum from October 13, 2015 to the date of full payment, which is the day following the settlement date.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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