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(영문) 광주지방법원 목포지원 2017.01.26 2016가단53662
보증채무금
Text

1. The defendant shall pay 50 million won to the plaintiff and 15% per annum from September 6, 2016 to the day of complete payment.

Reasons

1. According to the overall purport of Gap evidence No. 1, Gap evidence No. 2-1 (the second evidence, Gap evidence No. 2-2, and the second evidence No. 2) and Gap evidence No. 2-3 as to the cause of the claim, since it is recognized that the following stamp image of the defendant's name is based on the seal of the defendant, the authenticity of the document as a whole is presumed to have been established. The plaintiff set the amount of KRW 15 million to C on July 6, 2015 and lent it as of September 30, 2016 to the plaintiff on the same day, and the defendant is recognized as a joint and several surety for the above loan debt of Eul on the same day.

As to this, the defendant asserts that there is no means to prepare the loan certificate of this case for the joint and several guarantee of the above loan debt of this case. However, the defendant's above assertion is rejected since the defendant's declaration of intent can be acknowledged as joint and several guarantee according to the contents of the loan certificate of this case, unless there is any clear and acceptable counter-proof to deny the contents of the loan certificate of this case, which is recognized as the authenticity, unless there is any clear and acceptable counter-proof to deny the contents of the loan certificate of this case.

Therefore, the defendant is obligated to pay to the plaintiff 50 million won with 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 6, 2016 to the date of full payment, which is the day following the day when a duplicate of the complaint in this case was served on the defendant, as requested by the plaintiff.

2. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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