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(영문) 수원지방법원 여주지원 2018.10.17 2017가합499
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 320,00,000 and the interest rate of KRW 15% per annum from August 31, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 6, 2013, C prepared and delivered to the Plaintiff a certificate of borrowing KRW 320 million with the terms and conditions that it borrowed until September 30, 2013.

B. The above loan certificate contains the defendant's signature and seal in the joint guarantor column.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition under Paragraph 1 of the judgment on the cause of the claim, C expressed its intent to repay the loan amount of KRW 320 million to the Plaintiff as the loan amount, and the Defendant expressed its intent to jointly and severally with C to repay the loan amount.

B. Although the defendant defense that the above loan certificate (Evidence A No. 1) was forged, if the defendant collected the whole purport of the pleading from the description and form of the evidence No. 1, he/she appears to have affixed his/her signature and seal or consented at least to the joint and several surety of the above loan certificate, and it is difficult to view that the above loan certificate was forged as the defendant's defense.

3. Therefore, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from August 31, 2017 to the day of full payment, which is the day following the delivery of a copy of the loan amount of KRW 320,000,000 and the day of the delivery of a copy of the complaint (payment order).

The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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