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(영문) 수원지방법원평택지원 2016.11.02 2016가단3411
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 47.6 million and KRW 40 million among them from April 16, 2016.

Reasons

1. Determination as to the cause of claim

A. On March 30, 2006, the plaintiff prepared and delivered the certificate of loan Nos. 1 and 2 (each loan certificate, the defendants asserted that it was made up by the plaintiff's fraud and coercion, but the evidence submitted by the defendants alone is insufficient to recognize it), Eul evidence Nos. 2, 3, and 4, and witness D's testimony as a whole. In full view of the whole purport of the pleadings, the plaintiff loaned money on several occasions at the request of the defendant C, and on March 30, 2006, the defendant C signed and sealed the certificate of loan No. 1 (hereinafter "the first certificate of loan of this case"), stating that "the plaintiff will pay 40 million won borrowed from the plaintiff until August 2006" (hereinafter "the first certificate of loan of this case"), and around March 31, 2007, the defendant C signed and sealed on the column of the first certificate of loan of this case, and "the defendant C's additional certificate of loan No. 2760,307."

(2) Defendant B is liable to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 16, 2016 to the date on which the copy of the complaint of this case claimed by the Plaintiff is delivered to the Defendants, as it is acknowledged that Defendant B signed and sealed on the guarantor column of the second certificate of this case. Thus, according to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the above principal amount of KRW 47.6 million (i.e., the principal amount of KRW 40 million and the principal amount of KRW 7.6 million (i.e., the principal amount) and the principal amount of KRW 40 million among them.

B. As to this, the Defendants asserted to the effect that the amount of the money borrowed by Defendant C from the Plaintiff is merely about KRW 15 million. However, as long as the disposition document is deemed to be genuine, the court should recognize the existence and content of the declaration of intent as stated therein, unless there is any clear and acceptable counter-proof that the contents can be denied.

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