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(영문) 의정부지방법원고양지원 2016.03.30 2015가단31691
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and the interest rate of KRW 15% per annum from December 23, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 25, 2013, the Plaintiff: (a) lent KRW 40 million to Defendant B under Defendant C’s joint and several sureties; (b) paid interest of KRW 12% per annum on April 18, 201; and (c) paid interest payment at least once a month; and (d) lost the benefit of time if the payment of interest is delayed at least

B. The Defendants delayed the payment of interest from April 2015.

[Based on the recognition, Defendant B: (a) evidence Nos. 2 (a) is presumed to have been authentic in writing in accordance with Article 358 of the Civil Procedure Act, as the document was signed and sealed by Defendant B; (b) Defendant B signed and sealed the amount, maturity of payment, interest, creditors, etc. on a blank loan certificate, and then delivered it to Defendant C; and (c) Defendant C, etc. offered supplementary statements thereto. Since signing and sealing a blank document falls under this example, it is necessary to provide reasonable grounds and evidence to support the presumption of the authenticity of the document; (c) the entry of evidence Nos. 1, 3, 4, and 5 is insufficient to acknowledge the facts of Defendant B’s assertion solely on the basis of the statement of evidence Nos. 1, 4, and 4; and (d) the purport of the entire pleadings: Confession (Article 150 of the Civil Procedure Act).

2. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 40 million won and damages for delay calculated by the rate of 15% per annum from December 23, 2015 to the day of full payment, which is the day following the last delivery of a copy of the complaint of this case claimed by the plaintiff.

Therefore, the plaintiff's claim is accepted on the ground of the reasons.

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