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(영문) 인천지방법원부천지원 2017.05.02 2016가단20215
대여금
Text

1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 259,032,740 and KRW 200,000,000 among them, from April 1, 2016.

Reasons

1. Determination on the cause of the claim

A. (1) On October 30, 2012, the Defendant jointly and severally guaranteed the loan (hereinafter “the loan in this case”) by setting the maturity of KRW 240 million from the Plaintiff on October 30, 2012 as 19% per annum on October 30, 2014 and the delayed interest rate of KRW 19% per annum.

(2) B repaid to the Plaintiff the sum of KRW 40 million out of the principal of the instant loan from December 18, 2014 to March 31, 2016.

(3) The aggregate amount of damages for delay incurred from October 31, 2014 to March 31, 2016 is KRW 59,032,740 as listed below.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings [the defendant's seal affixed on Gap evidence No. 1 (Monetary Loan Contract) is alleged to be forged at will without the defendant's intention, so if the seal affixed on the document is affixed by his own seal, it shall be presumed that the authenticity of the document is established, i.e., the act of affixing the seal is based on the will of the person who prepared the document, unless there are any special circumstances. Once the authenticity of the seal is presumed, the document shall be presumed to have been authentic pursuant to Article 329 of the Civil Procedure Act, but such presumption is presumed to have been made by a person other than the person who prepared the document, so the document presenter is liable to prove the fact that the act of affixing the seal is based on a legitimate title delegated by the person who prepared the document, and the defendant's signature and seal affixed on the document No. 1 is not disputed by the defendant's spouse No. 2, and the defendant's witness No. 1 and the defendant's witness No. 2. 10.

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