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(영문) 서울남부지방법원 2017.12.21 2016가합106460
대여금
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion (1) as to the claim against Defendant B, C, and D (A) is asserted by the parties. (1) The Plaintiff loaned KRW 170 million to Defendant B, the mother of Defendant B, from August 2008 to October 28, 2010, to Defendant C, the mother of Defendant B, KRW 170 million, and as to the amount loaned to Defendant C for a period of two years as above, under an agreement with Defendant B, C, and Defendant B, the due date of payment, KRW 18 million per annum on December 31, 2015 (hereinafter “H account operated by the Plaintiff”), overdue interest rate of KRW 20% per annum, and KRW 18 million per annum, Defendant D, the joint and several surety loan certificate of this case (hereinafter “this case”).

(2) Defendant B, C, and D did not pay any interest of KRW 170 million at all, and even after the lapse of December 31, 2015, the due date for payment was not paid.

(3) Accordingly, Defendant B, C, and D are jointly and severally liable to pay the Plaintiff the principal amounting to KRW 170 million and the interest accrued therefrom at a rate of 20% per annum from December 1, 2010 to the date of full payment, starting from December 1, 2010 to the date of full payment.

B) Defendant B, C, and D’s assertion did not borrow money from the Plaintiff; Defendant B and C’s seal affixed on the instant loan certificate is not Defendant B and C, but Defendant C’s seal affixed on the instant loan certificate; and Defendant D’s seal affixed on the instant loan certificate; 2) The following facts and circumstances, which are acknowledged by comprehensively taking into account each of the entries and arguments and the purport of the entire arguments as follows: (i) Defendant B and C’s seal affixed on the instant loan certificate, which are the same as the seal affixed on the instant loan certificate, submitted by the Plaintiff, by asserting that the seal affixed on the instant loan certificate was attached to the instant loan certificate; and (ii) it is difficult to distinguish the same as the seal affixed on the Defendant B and C’s respective personal seal impression (Evidence A2).

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