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(영문) 대구지방법원 2018.11.01 2018가단6874
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of the evidence evidence Nos. 1, 3, and 4 and the purport of the entire pleadings, the following facts are recognized:

A. On September 2010, the Plaintiff agreed to purchase one of the heavy benz passenger cars from C, which was in the process of withstanding imported vehicles, and paid C totaling KRW 85,000,000,000, by October 2010.

B. Upon C’s failure to deliver a car to the Plaintiff at the end of purchasing the car, C returned KRW 85,00,000, which was received from the Plaintiff, to the Plaintiff on October 4, 201, but paid KRW 20,000,000 in preference to October 1, 201, and if the remainder is not paid, the interest shall be paid in addition to the rate of 10% per annum from November 1, 201, and the interest shall be paid in addition to the amount calculated at the rate of KRW 2,00,000 per annum (hereinafter “instant payment note”) to the Plaintiff.

C. The instant payment note is signed by the Defendant as a joint and several surety, and the Defendant’s seal imprint is affixed next to the Defendant’s name. The Plaintiff also received the Defendant’s personal seal impression issued on October 5, 201 at the time of receipt of the instant payment note from C.

The Defendant was the wife C at the time of the preparation of the instant payment rejection, and thereafter divorced.

E. The Plaintiff received reimbursement of KRW 5,000,000,000, out of the above KRW 85,000 from C.

2. Since the Defendant jointly and severally guaranteed the Defendant’s obligation under the instant payment memorandum, which is the cause of the Plaintiff’s claim, the Defendant shall pay the unpaid KRW 80,00,000 and delay damages.

3. There is no joint and several guarantee for the defendant's claim C's debt.

The defendant's written statement of payment in this case was forged by C which was the husband at the time.

4. Determination

(a) If the seal imprinted on a private document is affixed by the seal of the holder, barring special circumstances, the authenticity of that seal shall be established, i.e., the recording of that seal, barring special circumstances;

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