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(영문) 서울서부지방법원 2017.01.20 2016가단9820
대여금
Text

1. Defendant B’s interest rate of KRW 82,520,000 and KRW 59,00,00 among the Plaintiff shall be from April 9, 2015 to the date of full payment.

Reasons

1. Defendant B’s claim against Defendant B shall confession without disputing the facts as to Defendant B and the Plaintiff’s claim of this case among the grounds for the claim in the attached Form.

Therefore, Defendant B bears the same obligation as that of the competent claim No. 1, and the Plaintiff’s claim against Defendant B is justified.

2. On August 24, 2015, the Plaintiff filed a claim against Defendant C, asserting that “Defendant C, as the husband of Nonparty D, was liable to the Plaintiff for the guaranteed debt of KRW 59 million with respect to the principal and KRW 49 million, which is part of the interest debt owed by D, and that the said debt would be repaid until February 29, 2016 (hereinafter “the instant payment note”) was written and delivered to the Plaintiff via D, and that Defendant C sought the performance of the guaranteed debt under the instant payment note.

Comprehensively taking account of the purport of the entire arguments in the statement of evidence Nos. 4, 5 and evidence Nos. 4 and 5, D is recognized that around August 24, 2015, the Plaintiff issued each of the instant payment note (Evidence No. 4) on which Defendant C’s seal is affixed and the Defendant C’s certificate of personal seal impression (Evidence No. 5) (No. 31, 2015, July 31, 2015) (Evidence No. 5).

However, in full view of Gap evidence Nos. 3 and evidence mentioned above, and witness Eul's testimony, ① the plaintiff did not directly contact or contact defendant C with the defendant in relation to the payment of this case, ② The payment of this case's letter appears to have been prepared by defendant C, not the defendant C (i.e., the pen box of the name D (Evidence No. 3) submitted by the plaintiff and the body pen of the payment of this case's letter of payment of this case's letter of payment of this case's letter of request by the plaintiff around August 2015). ③ At the plaintiff's request of the plaintiff around August 2015, D delivered the payment letter under the name of defendant C to the plaintiff. The plaintiff did not affix the seal stamp of the defendant C and demanded that D change the defendant's seal imprint and the certificate of personal seal impression.

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