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(영문) 서울고등법원 2016.07.19 2015나2041570
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On August 21, 2013, the Plaintiff, on August 21, 2013, remitted KRW 100 million to the account held in Defendant B’s name on August 21, 2013. (2) Around that time, Defendant B prepared a loan certificate (A-1), stating that he/she borrowed KRW 130 million with respect to the above remittance, and delivered it to E (the Plaintiff’s head seal). Defendant C (Defendant B’s wife) affixed the above loan certificate as a joint and several surety.

B. On October 8, 2013, the Plaintiff remitted KRW 50 million to the F’s account on October 8, 2013. Around that time, Defendant B prepared a loan certificate (A-5) stating that he/she borrowed KRW 60 million with respect to the said remittance, and issued it to E.

[Ground of recognition] The facts without dispute, Gap 1-3 (including a branch number; hereinafter the same shall apply), the whole purport of the pleadings [the defendant C claims that the part of his joint and several surety in the above 130 million won loan certificate (A1-1) was forged. However, although the above 10 million won loan certificate was alleged to the effect that the part of his joint and several surety was forged, the fact that the stamp stamp affixed on the stamp stamp was caused by the defendant C's seal imprint is presumed to have been established due to the lack of dispute between the plaintiff and the defendant C, and there is no other evidence to support that the above stamp stamp was used by the third

2. On August 21, 2013, the Plaintiff asserted that the Plaintiff lent KRW 100 million to Defendant B at the interest rate of 2% per month, and one year from the date of loan, and Defendant C guaranteed this.

In addition, on October 8, 2013, the Plaintiff lent KRW 50 million to Defendant B at the interest rate of KRW 2% per month, and the due date of repayment for six months from the date of lending. Upon Defendant B’s request, the Plaintiff remitted KRW 50 million to Defendant B’s account in the name of F, a partner of Defendant B.

Therefore, Defendant B shall pay the Plaintiff the sum of KRW 150 million and the interest or delay damages after the above lease date, and Defendant C shall jointly and severally pay the above amount of KRW 100 million and interest or delay damages after the above lease date.

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