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(영문) 울산지방법원 2020.01.21 2018가단50910
대여금
Text

1. The Defendants jointly share the Plaintiff KRW 40,000,000 and KRW 35,000,000 out of the said money.

Reasons

1. Facts recognized;

A. The Plaintiff lent money to Defendant B over several times.

B. Defendant B borrowed KRW 40,000,000 to the Plaintiff on September 11, 2017, and promised to pay 1% per month for KRW 35,000,000 among them, and 1.5% per month for the remainder of KRW 5,000,000, and Defendant C jointly and severally guaranteed the payment.

[Grounds for recognition] Defendant B: The fact that there is no dispute between Defendant C and Defendant C (Article 150 of the Civil Procedure Act). The authenticity of the entire document is presumed to have been established due to the lack of dispute on the part of the certificate of rent, and the seal image of Defendant C; Defendant C has the defense that the document was forged by Defendant B; however, the entry of Nos. 1 and 2, which appears consistent therewith, in the case where Defendant C had forged the certificate No. 1 of this case in which Defendant C filed a criminal complaint against Defendant B, is the person who was the prosecutor of the Ulsan District Public Prosecutor’s Office affiliated with the U.S. Public Prosecutor’s Office, and there is no evidence to acknowledge this point) and the purport of the entire pleadings.

2. In light of the facts established in the judgment on the Plaintiff’s primary claim, the Defendants are jointly obligated to pay to the Plaintiff 40,000,000 won with the amount calculated by the rate of 12% per annum from September 11, 2017 to the date of full payment, with the amount of 5,00,000 won calculated by the rate of 18% per annum from October 11, 2017 to the date of full payment.

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

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