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(영문) 제주지방법원 2018.12.13 2017가합13416
대여금
Text

1. Defendant C shall pay to the Plaintiff KRW 600,000,000 as well as 20% per annum from October 1, 2017 to the date of full payment.

Reasons

1. Recognizing facts: The above amount shall be the amount borrowed from the Plaintiff from December 2014 to December 2016, 2016, and as such, the above amount shall be fixed.

Loan period: 20% per annum until September 30, 2017

A. On September 30, 2017, Defendant C prepared and rendered to the Plaintiff the following instrument of borrowing.

(hereinafter “this case’s loan certificate”). B.

"Surety" at the bottom of the loan certificate of this case refers to the name, address, and resident registration number of Defendant B in writing, and the stamp image of Defendant B is stamped.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, and the purport of the whole pleadings

2. Defendant C does not dispute the Plaintiff’s claim seeking “the amount of KRW 600 million for rent and damages for delay from October 1, 2017 following the loan period (hereinafter “the instant loan obligation”) on the instant loan agreement regarding the claim against Defendant C.

Defendant C is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum, which is the agreed interest rate from October 1, 2017 to the date of full payment.

3. Determination as to the claim against the defendant B

A. The gist of the parties’ assertion asserts that Defendant B is a joint and several surety for the instant loan obligation, and the Plaintiff seeks payment of the amount of joint and several surety. On the other hand, Defendant B did not have any joint and several surety for the instant loan obligation.

B. If the signature of the person in whose name the signature is affixed on the relevant legal doctrine is affixed, barring special circumstances, it is presumed that the authenticity of the seal is established, i.e., the act of affixing the seal is based on the will of the person in whose name the signature is written, barring special circumstances. Once the authenticity of the seal is presumed, the authenticity of the entire document is presumed in accordance with Article 358 of the Civil Procedure Act, but the presumption that such authenticity is established, i.e., the act of affixing the seal is based on the will

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