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Reasons
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(영문) 대구지방법원 상주지원 2018.12.19 2017가단6022
대여금
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1. Defendant B shall pay to the Plaintiff KRW 118,00,000 and the interest rate of KRW 15% per annum from June 15, 2017 to the date of full payment.

Reasons

1. Determination on the plaintiff's claim

A. Examining the overall purport of each of the statements stated in Gap evidence Nos. 1 through 7 (including numbers; hereinafter the same shall apply) against defendant B, the Plaintiff’s total amount of KRW 3 million around June 8, 2012, KRW 2 million around September 18, 2012, KRW 10 million around March 25, 2013, KRW 1 million around December 10, 2013, KRW 1 million around 3.4 million around January 4, 2014, KRW 3 million around 3.5 million around 201, KRW 3 million around 4.5 million; KRW 4 million around January 4, 2014; KRW 3 million around 2.5 million around 200,000 around January 9, 2014; KRW 200,000 around 3.5 million around 204; and KRW 3 million around 2014,250,2014.

On the other hand, although Defendant B asserted that the loan certificate (A No. 2) was forged, in view of the overall purport of the pleadings on each of the evidence set forth in No. 5, including the above evidence and the result of the appraisal conducted in the fraudulent criminal case against Defendant B, the authenticity of the loan certificate is recognized.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 18 million and the damages for delay calculated at the rate of 15% per annum from June 15, 2017 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, to the day of full payment.

B. The Plaintiff asserted that the deceased C’s debt owed to Defendant B was jointly and severally guaranteed by the deceased C.

However, the part of the loan certificate (No. 2, 4, 10, 11, 12, 16, and 17 No. 2 of the document No. 2 of the document No. 2 of the document No. 2 of the document No. 2 of the document No. 2 of the document No. 10, 11, 12, 16, and 17 of the document No. 2 of the document No. 3 of the document No. 2 of the document No. 17 of the document No. 2 of the document No. 17 of

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