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(영문) 부산지방법원 2015.06.26 2014가단67177
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On June 18, 2004, at the request of Defendant B, the Plaintiff claimed that KRW 20,000,000 was due on October 12, 2004, and KRW 35,000 as of October 16, 200 and lent KRW 55,00,000 to Defendant B and C as of October 16, 2004. Defendant D became a guarantor.

The evidence No. 1 of September 18, 2004, on which Defendant B and C jointly borrowed, and Defendant D respectively signed and sealed as a guarantor, is the evidence.

However, since the due date has arrived, the defendants should pay the above KRW 55,000,000 to the plaintiff jointly and severally.

B. The Defendants’ assertion 1) Defendant B, C, and C borrowed a total of KRW 55,00,000 from the Plaintiff, but the Defendants repaid the above amount in full. Even if not, the above loan was made on March 2004, unlike the Plaintiff’s assertion, and the copy of the above loan was also prepared around that time. The date of preparation of the copy of the above loan certificate was written on September 18, 2004, and the due date was written on October 12, 2004, and October 16, 2004, but it was altered. Accordingly, Defendant D’s assertion that the above loan was completed on March 2, 2014.

In other words, Defendant D has no signature or seal affixed to the guarantor column at the time of drawing up the above loan certificate, but there is only a seal imprint affixed to Defendant B for any reason other than on March 2004, and Defendant B seems to have affixed the Defendant’s seal imprint on the above loan certificate without any authority.

2. Determination

A. Determination as to the claim against Defendant B and C 1) recognized the fact that Defendant B and C own leased itself, barring any special circumstance, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 55,000,000 and the delay damages therefrom. 2) The Defendants’ defenses are determined.

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