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(영문) 의정부지방법원 2014.09.04 2013가합13457
대여금
Text

1. Defendant B (Appointed Party) shall pay to the Plaintiff KRW 133,00,000 as well as the interest rate from March 7, 2014 to the day of full payment.

Reasons

Facts of recognition

The defendant and D are married couple, and the designated parties are the children of the defendant and D.

On May 8, 1998, the Plaintiff lent KRW 1330 million to the Defendant and D. Accordingly, the Defendant and D, on the same day, issue to the Plaintiff one promissory note with a face value of KRW 133,00,000,000,000,000,000,000,000,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

(2) The Plaintiff’s assertion and determination of the purport of the entire pleadings are based on the following facts: (a) there is no dispute; (b) Gap evidence No. 1 (which is presumed to be the authenticity of the entire document due to the lack of dispute over the part of the Defendant’s seal impressions; and (c) the Defendant’s assertion that the document was forged by D; (d) the Defendant’s assertion that the document was forged by D; (e) there is a reasonable ground to deem the authenticity of the document; and (e) there is a need to provide evidence, such as indirect counter-proof to support it; and (e) there is no evidence to acknowledge such special circumstance in this case; and (e) the Plaintiff’s assertion and determination of the purport of the entire pleadings by the Defendant; and (e) the Defendant is obligated to borrow KRW 133 million from the Plaintiff for the purpose of using the document operated by the Defendant in the operation of the F., and thus, the Plaintiff

On the other hand, since the designated person is the representative of F, he is jointly and severally liable with the defendant to pay 1330 million won and damages for delay.

Judgment

According to the above facts of recognition as to the claim against the defendant, the defendant, barring special circumstances, runs from March 7, 2014, which is the day following the delivery date of a copy of the complaint of this case sought by the plaintiff against the plaintiff.

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