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(영문) 서울고등법원 2015.05.01 2014나2026307
양수금
Text

1. At the appellate court’s preliminary claim that the Plaintiff added to Defendant B, Defendant B was the Plaintiff on 614,516.

Reasons

1. On September 24, 2009, Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) entered into a contract with the Defendants to transfer to the Plaintiff their claims related to the repayment of loans, and notified the Defendants of the assignment of such claims.

[Ground of recognition] No dispute, entry of Gap evidence No. 3 (which includes a serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Claim against the defendant A;

A. The Plaintiff asserts that the Plaintiff is obligated to pay damages for delay calculated at the rate of 22.5% per annum from March 6, 2013 to the date of full payment of the principal amount of KRW 614,516,639 and the principal amount of KRW 251,377,595 among the principal and interest of the loan to the Plaintiff, after the Korea Mutual Savings Bank loaned KRW 676 million to Defendant A on April 4, 2008.

Accordingly, Defendant A asserts that he did not receive any loan from the Korea Mutual Savings Bank as alleged by the Plaintiff.

B. If, unless there are special circumstances, the authenticity of the signature affixed to the name of the person in whose name the signature is affixed to the relevant legal principles is affixed, the authenticity of the signature shall be presumed to have been created, i.e., the act of affixing the seal, based on the will of the person in whose name the signature is written, and once the authenticity of the seal is presumed, the authenticity of the entire document shall be presumed in accordance with Article 358 of the Civil Procedure Act. However, if it is found that the act of affixing the seal was made by a person other than the person in whose name the document was written, the document presenter is liable to prove that

(See Supreme Court Decision 2002Da69686 delivered on April 8, 2003, etc.). C.

Judgment

Plaintiff

As shown in the argument, A No. 1's one credit transaction agreement, hereinafter referred to as "the credit transaction agreement") is the case.

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