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Defendant C’s KRW 60 million to the Plaintiff, as well as 6% per annum from January 1, 2019 to March 25, 2019.
Reasons
1. Claim against Defendant C
A. On December 5, 2018, Defendant C borrowed KRW 100 million from the Plaintiff, and paid to the Plaintiff KRW 40 million in total, including KRW 20 million on December 19, 2018 and KRW 20 million on December 27, 2018.
After that, Defendant C promised to repay the loan balance 60 million won to the Plaintiff until December 31, 2018 (hereinafter “instant loan”), but did not perform the said promise. Therefore, the Plaintiff, who is engaged in the export and import business of agricultural and fishery products, sought payment of the loan amounting to the said Defendant at the rate of 60 million won per annum under the Commercial Act from January 1, 2019 to the delivery date of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
2. Claim against Defendant D
A. The Plaintiff asserts that Defendant D is jointly and severally liable to pay the instant loan to Defendant C, the principal debtor, and that Defendant C is jointly and severally liable to pay the instant loan to the Plaintiff.
In this regard, Defendant D asserts that he did not have any joint and several sureties for the loan of this case, and that the loan certificate stating his intent of joint and several sureties was forged.
B. If the stamp image of the person in whose name the signature is affixed to the document concerned is affixed with his seal, barring any special circumstance, it is actually presumed that the authenticity of the stamp image is established, that is, the act of affixing the seal is based on the will of the person in whose name the document is written, and once the authenticity of the stamp image is presumed, the authenticity of the document is presumed to be established. However, if it is verified that the act of affixing the seal was done by a person other than the person in whose name the document is written, the document presenter is affixed.