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(영문) 서울중앙지방법원 2014.12.17 2014가단5079948
양수금
Text

1. Defendant B and C jointly and severally pay to the Plaintiff KRW 127,024,059 and KRW 53,568,90 among them.

Reasons

1. Claim against the defendant A;

A. The parties' claims asserted that the Plaintiff acquired the loans from the Seocho Saemaul Bank of Korea to Defendant A, KRW 12,790,275, and KRW 127,024,059, respectively, from one capital Co., Ltd. (hereinafter below), and sought payment of the said money. Accordingly, the Defendant A did not obtain a loan from the Seocho Cancer Saemaul Bank of Korea and one capital, and the documents related to the loan were forged.

B. According to each of the records in the judgment of the Ministry of Health and Welfare No. 3 through No. 6, ① a loan agreement under the name of the defendant A that the defendant A was granted a loan of KRW 5,00,000 to the land to be used by the Association of the Association of the Association of the Association of the Association of the Association of the Association of the Association of the Association of the Association of the Association of the Association of the Association of the Association of the Association of the Republic of Korea on November 9, 2007, and a document that the defendant A acquired the debt of the Association (the following loan agreement, etc. of this case) (the loan agreement, etc. of this case), respectively, and ② a document that was written by the defendant A around November 207 on the paper used by

However, in full view of the purport of the entire pleadings in the statement No. 1 of this case, the loan agreement, etc. of this case and the loan application form can be recognized as a forged document in order for E and F to obtain a loan under the name of the defendant A.

According to the above facts of recognition, since the claims for each loan that the plaintiff asserted that he acquired are obtained by forging the name of the defendant A, the defendant's defense cannot be claimed against the defendant A. Therefore, the defendant's defense is justified.

2. In full view of each of the statements in evidence Nos. 1, 2, and 6 against Defendant B and C, Defendant B and G jointly and severally guaranteed the purport of the entire pleadings. The loan principal and interest based on the loan application of this case are KRW 127,024,059 (principal principal and interest KRW 53,568,90) as of March 26, 2014, the Plaintiff acquired the above loan principal and interest claim from Han Capital, and G.

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