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(영문) 인천지방법원 2018.07.12 2017가단27715
차용금
Text

1. The Defendant’s KRW 33,150,00 and the Plaintiff’s annual rate of KRW 5% from July 22, 2017 to July 12, 2018.

Reasons

1. The parties' assertion

A. The Defendant: (a) borrowed money from the Plaintiff; and (b) drafted a certificate of loan to repay KRW 66,300,000 on March 9, 2017; and (c) is obligated to pay the money stated in the purport of the claim.

B. The Defendant signed and sealed the loan certificate under the joint signature of two persons with the intent to assume the responsibility of Defendant C and 1/2.

Since the debt in installments is the principle of civil law, one-half of the borrowed amount is responsible.

2. Facts of recognition;

A. On March 9, 2017, the Plaintiff prepared and kept in advance a loan certificate as follows in a computer.

on the date of borrowing: The details of the loan accompanied by the attached Form : 66,300,000 won per day (and 66,300,000) above shall be borrowed from the above person on a regular basis, and shall be repaid in accordance with the good faith until December 2017. The expenses incurred for the collection of the above credit shall be borne by the debtor.

A lawsuit on the above claim shall be brought at the domicile of the creditor.

The certificate shall be prepared and kept in one copy of each party.

The debtor on March 9, 2017: the representative of the Seo-gu Incheon Metropolitan City Dispute Resolution Co., Ltd. (resident number omitted) No. 1004 (resident number omitted) B: the representative of the Seo-gu Incheon Metropolitan City Dispute Resolution Co., Ltd. (A)

B. The Plaintiff prepared a list under the title “C 3,30,000, B 33,000,000,” which is attached to the above loan certificate, and entered the list in the “total amount of KRW 66,30,000”.

C. On March 9, 2017, the Defendant, at the place where the Plaintiff’s representative F was located, indicated “6,30 in the due date for repayment” as “6,30 in the above loan certificate, affixed his/her seal on his/her name, affixed his/her resident number and name on the above loan certificate, and affixed his/her seal on his/her name.

[Grounds for recognition] Evidence No. 1, the representative of the plaintiff and the defendant's personal examination result, the purport of the whole pleadings

3. Determination

A. Whether the debt is divided or not, ① the Defendant and C have signed or affixed a seal on the place of representative of the Plaintiff, and are classified into C3,300,000 won, B3,000,000 won attached to the above loan certificate.

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