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(영문) 의정부지방법원 2016.07.19 2015가단116575
대여금
Text

1. The Defendant (Appointed Party) and the Appointed C jointly share the Plaintiff with KRW 50 million and their related thereto from April 1, 2012.

Reasons

1. On February 1, 2010, the Defendant: (a) prepared a loan certificate stating that the borrower borrowed KRW 50 million from the lender to the Defendant, and the guarantor C; and (b) the interest shall be paid in two copies per month in the form of subsequent payment on the first day of each month (on a prior-paid and KRW 3 million) (hereinafter “the instant loan certificate”); (c) Of the instant loan certificate, the seal affixed immediately next to the “sureties of the surety C” was the seal used by the Defendant for the purchase of materials in the name of Pyeongtaek (hereinafter “the first seal”).

In addition, the defendant's name "the second seal" is "the second seal of the selected person C on the side immediately next to the part on which the first seal is affixed among the loan certificates of this case.

A. The seals were affixed (the fact that there is no dispute over the grounds for recognition, the entry of Gap evidence No. 1, the purport of the whole pleadings).

2. According to the above facts finding as to the claim against the Defendant, since the obligation based on the loan certificate of this case is a debt with no fixed deadline, the Defendant is obligated to pay to the Plaintiff interest calculated at the rate of 24% per annum, which is the agreement, from April 1, 2012 to the date of full payment, as the Plaintiff seeks.

3. Determination as to the claim against the Appointor C

A. The Plaintiff asserts that the Selection C guaranteed the obligation based on the instant loan certificate, and that the Selection C guaranteed the obligation based on the instant loan certificate.

There is evidence consistent with the above argument, and there is no dispute between the parties that the appointed party C’s seal affixed to the loan certificate of this case is based on the first letter of the designated party C, but it is difficult to recognize that the appointed party C affixed the loan certificate of this case to the first letter of the designated party C only with the evidence submitted by the Plaintiff.

Furthermore, even if the defendant affixed the first letter to the loan certificate of this case, the plaintiff is delegated by C, the name holder of the defendant's act of affixing the second letter.

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