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1. The Defendants jointly share KRW 100,000,000 with respect to the Plaintiff and 5% per annum from September 14, 2017 to July 25, 2018.
Reasons
1. The Plaintiff’s claim against Defendant B was borrowed KRW 100,00,000 from the Plaintiff on August 14, 2017, and the Defendant B agreed to pay the Plaintiff up to September 13, 2017 is recognized in full view of the purport of the entire pleadings in the Plaintiff’s evidence No. 1 and evidence No. 2-1. As such, Defendant B is obligated to pay the Plaintiff damages for delay at each annual rate of KRW 15% per annum under the Civil Act from September 14, 2017 to July 25, 2018, which is the delivery date of the copy of the complaint in this case, from the next day to the day of full payment.
2. Determination as to the Plaintiff’s claim against Defendant C and D
A. The Plaintiff’s assertion 1) At the time of borrowing KRW 100,000,00 from the Plaintiff on August 14, 2017, Defendant C and D were liable to pay 100 million to the Plaintiff jointly with the Defendant B, and the said Defendants are jointly and severally liable to pay 100 million won to the Plaintiff.
B. We examine the authenticity of Defendant C and D of the loan certificate dated August 14, 2017.
If the authenticity of the seal imprinted by the name of the person in whose name the document is affixed, is actually presumed to be based on the will of the name of the person in whose name the document is written, barring special circumstances, the authenticity of the seal imprint shall be established, i.e., if the authenticity of the seal imprinted by the name of the person in whose name the document is
However, the above presumption is broken if it is revealed that the act of affixing a seal was done by a person other than the person under whose name the document was prepared, so the person under whose name the document was affixed is a legitimate source of authority delegated by the person under whose name the document was prepared.