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(영문) 대구지방법원 2019.10.16 2018나11310
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Facts of recognition

On September 2, 2008, the Plaintiff lent 3.5 million won to D on February 2, 2009, at the rate of interest and delay damages rate of 20% per annum, and the Defendant jointly and severally guaranteed the obligation to return the above loan to D.

On January 9, 2009, the Plaintiff received delegation from D and the Defendant on the preparation of a notarial deed, and approved that D bears the obligation of KRW 3.5 million against the Plaintiff on September 2, 2008, and the Defendant jointly and severally guaranteed D’s obligation, which is the debtor, and if the debtor and the joint guarantor fail to perform their obligation, they have no objection thereto even if compulsory execution is conducted immediately.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (Evidence Nos. 1 and 3 (Nos. 5 and 3) are insufficient to recognize it. Rather, according to the results of the above evidence, Gap evidence Nos. 5, the above evidence Nos. 1 and 3 (No. 1 and 7) and the above evidence No. 1 through 7, since the defendant's seal affixed on the loan certificate and the power of attorney on the certificate are the same as the defendant's seal impression on the register of names, the authenticity of each of the above documents is presumed to be established. The defendant defense that Gap evidence Nos. 1 and 3 (No. 1 and 7) were stolen, and therefore, the defendant's signature and use of the above documents is hard to believe it as it is, and there is no other evidence to acknowledge it. According to the purport that each of the above evidence, Gap evidence No. 5, the above evidence No. 5, the above appraisal, and the result of the loan appraisal, the defendant's signature and use of each part of the defendant's signature.

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