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(영문) 창원지방법원 통영지원 2017.02.07 2016가단21932
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 120,000,000 and the interest rate of KRW 15% per annum from February 24, 2016 to the date of full payment.

Reasons

Defendant B borrowed KRW 120,00,000 from the Plaintiff on January 31, 2014 at the final due date, and Defendant C prepared a statement of performance (Evidence 2) for the loan borrowed with joint and several liability.

Since there is no dispute between the parties that the following stamp image of Defendant C’s name in the statement of performance is based on the seal of Defendant C, the authenticity of the entire statement of performance is presumed to have been established.

Defendant C’s assertion that Defendant C was written in the agreement on the development of the Electric Complex and brought the seal of Defendant C on his own, but there is no evidence to prove the above assertion, and rather, it is recognized that, according to the evidence No. 12 and No. 1, Defendant C issued a disposition of non-suspecting (Evidence of Evidence) against Defendant B on December 26, 2016 in a case where Defendant C filed a criminal complaint against Defendant B as a crime of forging private documents and an act of uttering.

Defendant C’s assertion is without merit and can be used as evidence.

As a disposition document, so long as it is recognized as a authenticity of its formation, the court shall recognize the existence and content of the expression of intent as stated in the disposition document unless there is any clear and acceptable counter-proof that the contents are denied (see Supreme Court Decision 94Da16601, Feb. 10, 1995). Therefore, the Defendants are jointly and severally liable to pay the amount of KRW 120,000,000 as stated in the performance sheet and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from February 24, 2016 to the date of full payment after the final delivery of the complaint of this case sought by the Plaintiff.

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