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(영문) 서울중앙지방법원 2020.11.24 2020가단269
대여금 청구의 소
Text

The defendant shall pay 50,00,000 won to the plaintiff and 24% per annum from May 11, 2010 to the day of complete payment.

Reasons

1. Determination Gap's evidence No. 9 on the cause of the claim (the defendant asserts that the whole content was signed and sealed by the defendant in blank blank, and that the plaintiff voluntarily supplemented its contents, and that the authenticity was made. If the authenticity of the seal imprint portion is recognized, the document can be presumed to have been signed, sealed, and affixed under the condition that the whole is completed, barring any other special circumstances, and the document was signed and sealed first at that time when the whole or part of the document was completed, and the document was signed and sealed first at that time is deemed to belong to this example. Thus, if it is intended to reverse the presumption of authenticity as a completion document, evidence such as reasonable grounds and indirect evidence supporting it is necessary (see, e.g., Supreme Court Decision 2001Da11406, Apr. 11, 2003). The defendant's assertion that the plaintiff lent 200 won to the plaintiff is 10% of the total amount and interest rate of 10% of 200,000,0000 evidence as stated.

The defendant alleged that he did not actually borrow the amount stated in the loan certificate from the plaintiff, but as long as the authenticity of the disposal document is recognized, the court shall have the intent of the statement by its contents, unless there is any clear and acceptable counter-proof to deny the contents.

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