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(영문) 전주지방법원 2018.10.05 2017가단20618
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 25% per annum from March 21, 2015 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion that the Plaintiff had a claim of KRW 50 million against Nonparty C, and that the Plaintiff received a certificate of loan under the name of the Defendant from Nonparty C on March 20, 2013 while demanding repayment from Nonparty C. Therefore, the Defendant is obligated to pay the Plaintiff KRW 50 million and delay damages.

B. 1) First of all, Gap evidence No. 1 (the tea certificate, hereinafter "the loan certificate of this case")

In light of the results of appraiser D’s appraisal and the purport of the entire argument, the authenticity of the loan certificate of this case can be acknowledged as having been considerably similar to the Defendant’s unmanned and pen. Accordingly, the Defendant asserted that C had the name, resident registration number, and address stated in blank, and that C had not known that it was signed at the time of signing the signature, and that C had not known that it was signed at the time of signing the loan certificate. In full view of the purport of the entire argument in the witness’s testimony, it can be acknowledged that C printed out the loan certificate of this case with the Defendant’s name, resident registration number, and address, and there is no other evidence to acknowledge the Defendant’s assertion otherwise. Accordingly, the loan certificate of this case is presumed to have been duly established, taking into account the following facts as to the Plaintiff’s claim against the Defendant for the loan certificate of this case, the Defendant bears the following evidence as to the Plaintiff’s submission of the loan certificate of this case as to the Plaintiff’s 1 to 41, as well as the witness evidence of this case.

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