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(영문) 부산지방법원 2014.06.13 2012가단64235
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Under the Defendant’s name, the Busan Savings Bank (former mutual savings bank, Busan Mutual Savings Bank, hereinafter “the foregoing Bank”) applied for a loan with the following contents, and each subsequent loan (hereinafter “the instant loan”) occurred.

A loan 1: 20% per annum on June 28, 201, on the date of the agreement on the loan agreement for the comprehensive passbook loan for the subject of loan 2; 20% per annum 10% per annum on June 28, 2011, the amount of loan limit of 8.3 billion won on June 28, 2010; 8.4.2 billion won per annum on June 28, 2011;

B. The principal and interest of the instant loan is as follows as of July 25, 2012.

C. The above bank was declared bankrupt on August 16, 2012, and the Plaintiff was appointed as bankruptcy trustee and taken over the instant lawsuit.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 5, 6, the purport of the whole pleadings

2. The Plaintiff asserts that the Defendant concluded the instant loan contract by directly concluding the instant loan contract or delegated the authority to conclude the instant loan contract to B.

If the stamp image of the person in whose name the document was affixed is affixed, barring any special circumstance, the authenticity of the stamp image shall be presumed to have been made, i.e., by the intention of the person in whose name the document was affixed, barring any special circumstance. Once the authenticity of the stamp image is presumed to have been made, the authenticity of the entire document shall be presumed to have been made. However, such presumption is broken if it is revealed that the act was made by a person other than the person in whose name the document was signed, and thus, the person in whose name the document was affixed shall be liable

(see, e.g., Supreme Court Decision 2009Da37831, Sept. 24, 2009). A letter of credit transaction (Evidence 1, 2), which is a document causing the instant loan, is accompanied by the seal of the Defendant’s name and the stamp image of the Defendant’s name stated in the letter of credit transaction (Evidence 1, 1, 2), and additional letter of agreement (Evidence 2-1, 2).

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