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(영문) 대전지방법원 천안지원 2017.02.15 2016가단14825
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 27,00,000 won and the period from November 12, 2007 to July 14, 2014.

Reasons

1. The defendant C’s name, address, and resident registration number indicated in the lower part of the evidence No. 1 (Evidence No. 1) shall be admitted in light of the results of comparison with his own penology submitted by the defendant C, without any dispute between the parties, or in light of the results of comparison with his own penology.

Therefore, the authenticity of Gap evidence No. 1 (Evidence) is presumed to be established.

On the other hand, Defendant C asserts that it is not the name, address, resident registration number, but only the above personal information was entered to the empty paper for the purpose of transferring the ownership of the vehicle, while the content is stated in the evidence No. 1 (j).

If the authenticity of a seal imprint, etc. is recognized in a private document, the document may be presumed to have been signed, sealed, and affixed by the person under whose name the document is completed, unless there are other special circumstances.

The circumstances, such as that all or part of the documents were first signed and sealed at that time, are deemed to belong to this example. Therefore, if evidence, such as reasonable grounds and indirect counter-proof, is needed to reverse the presumption of authenticity as a completion document.

(see, e.g., Supreme Court Decision 2011Da62977, Nov. 10, 2011). Defendant C does not present reasonable grounds and evidence to support its assertion.

Defendant C’s assertion is rejected.

The evidence No. 1 (Evidence) may be used as evidence against Defendant B as well as against Defendant C.

2. Comprehensively taking account of the facts acknowledged and the purport of the entire pleadings in the evidence Nos. 1 and 2, the Plaintiff loaned KRW 27,000,000 to Defendant B on November 12, 2007, interest rate of KRW 36% per annum, and November 30, 2007, respectively, and Defendant C guaranteed the above obligation by Defendant B.

Therefore, the defendants are jointly and severally liable to the plaintiff for a loan of KRW 27,000,00.

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