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(영문) 서울남부지방법원 2015.11.24 2015가단25666
양수금
Text

1. The Plaintiff, and Defendant A’s 23,357,600 won and its related amount from February 10, 2015, and Defendant B’s her joint and several with Defendant A.

Reasons

1. Under the basic facts and determination, each of the following facts is presumed: (a) the Plaintiff and the Defendants did not dispute each other; (b) evidence Nos. 1 through 3; and (c) evidence Nos. 4-1 (in the case of Defendant B’s seal imprint affixed on the written agreement for alteration of credit conditions, the authenticity of the entire document is presumed to have been established; (c) Defendant B has the aforementioned document was forged by Defendant A; (d) Defendant A has the co-born of Defendant B; (b) Defendant A has recognized the fact that his seal imprint was entrusted to Defendant B; and (c) Defendant A filed a complaint against Defendant B for suspicion of forging private documents, etc. while the argument in this case was in progress on August 17, 2015; (c) in light of the fact that Defendant A filed a complaint against Defendant B on the charge of forging private documents, etc., it is insufficient to acknowledge it by itself; (e) there is no evidence to acknowledge it otherwise); and (e) evidence Nos. 4-2 and 5 through 8 of the whole purport of the pleadings can be acknowledged.

On January 24, 2003, Defendant A loaned 20 million won as the subject of household general loan from the Non-party Involuntary Saemaul Bank of Korea (hereinafter referred to as the "Involuntary Bank of Korea") on January 24, 2003 with the loan term expiration date at the rate of 18% per annum, interest rate of 14% per annum, and damages for delay, respectively (hereinafter referred to as "the first loan of this case"). Defendant B jointly and severally guaranteed Defendant A's obligation under the first loan of this case on the same day, and Defendant B and the Defendant agreed to change the expiration date of the first loan of this case from March 31, 2005 to January 24, 2007.

B. On October 21, 2004, Defendant A borrowed KRW 10,50,000 from the safe of the date when he was duly forced to know on October 21, 2004, and the expiration date of the loan was set on October 21, 2007.

(2) In the case of this case, the term "the second loan of this case" is c).

The Plaintiff’s compulsory acquisition of the Plaintiff’s credit is the first loan and the instant case against the Non-Party Community Credit Cooperatives Federation around January 15, 2007.

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