logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.10.28 2014나21817
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On August 14, 2010, D of basic facts: (a) borrowed the existing loan amount of KRW 250,000,000 and the interest thereon KRW 318,640,000 again; (b) interest rate of KRW 318,640,00 shall be 12% per annum; and (c) the said amount of KRW 318,640,000 shall be 318,640 and the said amount of maturity of KRW 318,640,00 shall be 317 August 27, 2010.

The guarantor of the loan certificate of this case is written in the name of the defendant and the signature of the defendant, and the name part among them was written in D directly.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-3, the purport of the whole pleadings

2. The parties' assertion

A. On August 14, 2010, the Plaintiff leased money to Plaintiff D, and then received the instant certificate of loan from D.

The Defendant, on August 14, 2010, agreed with the Plaintiff to guarantee the obligation of D as stated in the instant loan instrument, and signed the signature side of the Defendant’s name in the guarantor column of the instant loan instrument. As such, the Defendant, as the surety, is liable to pay the Plaintiff the amount of KRW 318,640,000 and interest thereon.

B. The Defendant did not guarantee the Defendant’s debt, and did not sign the loan certificate of this case as the surety.

3. Determination

(a) A private document shall be presumed to be authentic if it bears the signature, seal or seal of the principal or of his agent;

(1) Article 358 of the Civil Procedure Act provides that “The authenticity of a document shall be determined by a court based on free will, based on the overall purport of all evidence and arguments.” The method of proving the authenticity of a document shall be reliable, unless there is any special limitation on the method of proving the authenticity of the document. If the authenticity of a document is acknowledged by witness’s testimony, it shall be determined by the rationality of the contents of the testimony, the witness’s attitude of testimony, and the testimony shall be consistent with other evidence.

arrow