(영문) 서울중앙지방법원 2020.02.13 2019나23328

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.02.13 2019나23328

양수금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. B Co., Ltd. (formerly changed: C Co., Ltd.) loaned 13,700,000 won to D on December 12, 2012 at an annual interest rate of 19% per annum, 25% per annum, and 48 months during the lending period (hereinafter “instant loan”).

B. On September 20, 2003, B Co., Ltd. transferred the instant loan claim to the Plaintiff, and notified D on December 8, 2003.

C. The principal and interest of this case as of June 20, 2007 is as follows:

The facts that there is no dispute over the remaining principal amount of KRW 14,173,229,27,824,035 [based on recognition], Gap's 1 through 4, and the purport of the whole pleadings.

2. The assertion and judgment

A. According to the overall purport of each of the statements and arguments and evidence Nos. 1 through 4 of the judgment as to the cause of the claim Gap (the defendant alleged to the effect that the defendant's seal imprint was affixed to a forged seal imprint on the evidence No. 1, but the authenticity is recognized as follows), the defendant may recognize the fact that he/she jointly and severally guaranteed the debt owed to the corporation B on December 12, 2012.

Therefore, the defendant is obligated to pay to the plaintiff 27,824,035 won of the principal and interest of this case and 13,650,806 won of the principal and interest of this case with 25% interest per annum from July 1, 2007 to the day of full payment.

B. (1) The defendant's argument on the defendant's defense is to the effect that the defendant did not sign and seal the evidence No. 1, and that the defendant's signature and seal affixed on the side of the defendant's signature was affixed by the forged seal imprint.

(2) According to the specific judgment (A) A’s statement on the authenticity of the seal imprint A and the purport of the entire pleadings, it is recognized that the seal imprint affixed by the Defendant’s signature and seal is identical to the seal imprint affixed by the Defendant’s signature and seal affixed by the Defendant’s signature and seal affixed by the Defendant’s No. 3, and that the Defendant’s name affixed by the Defendant’s signature and seal affixed by the Defendant’s signature and seal imprinted by the Defendant’s seal imprint

Defendant A.

유사 판례

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