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(영문) 대전지방법원서산지원 2017.07.18 2017가단461
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,80,000 and the interest rate of KRW 15% per annum from February 21, 2017 to the day of complete payment.

Reasons

A private document is presumed to be authentic when there is a signature, seal, or seal affixed by the person or his/her agent. Thus, in cases where it is recognized that the person who prepared the private document has signed, sealed, or affixed the private document in question, in other cases where such presumption is recognized, the authenticity concerning the whole document shall be presumed to have been established unless there are special circumstances, such as the reversal thereof by counter-proof, etc., and in cases where the authenticity of a seal imprint portion, etc. is recognized, the document concerned may be presumed to have been signed, sealed, and affixed by the person who prepared it under the condition of the completion of the entire document, unless there are other special circumstances, and the circumstance such as the fact that the person who prepared it was first signed, sealed, or affixed the signature and seal at that time when the whole or part of the document was completed is deemed to belong to this example. Therefore, a reasonable reason to presume the authenticity of the authenticity as a completion document,

(See Supreme Court Decision 2001Da11406 delivered on April 11, 2003, etc.). The Defendant’s personal information is indicated in the evidence No. 1 (Evidence) and affixed the Defendant’s seal imprint, as there is no dispute between the parties, and thus, the evidence No. 1 is presumed to have been established.

Although the defendant asserts that he stated the defendant's personal information in a blank document and affixed the defendant's seal imprint, it is insufficient to recognize the above argument only with the statement of No. 1.

Meanwhile, according to the purport of the argument in the statement No. 1, the plaintiff set out on January 16, 2014, and lent KRW 36 million to the defendant's mother C as of January 16, 2015, and the defendant can recognize the fact that he/she jointly and severally guaranteed the above obligation to the plaintiff, so the defendant is able to recognize the fact that he/she jointly and severally guaranteed the above obligation to the plaintiff. Thus, the defendant is 30,80,000 won, excluding the amount of 5.2 million won to the plaintiff who was repaid by the plaintiff who is the principal debtor

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