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Reasons
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(영문) 대전지방법원 2016.08.25 2015가단217840
양수금
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1. The Defendants jointly pay to the Plaintiff KRW 95,00,000 and the interest rate thereon from January 1, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 25, 2006, D lent KRW 70,000 to E, and as for KRW 50,000,000 annually, D demanded to receive interest of KRW 500,000 per annum; and as for KRW 20,000,000 per month, borrowed E and creditor D, and Defendant C guaranteed the above obligation.

B. E around January 2008:

In relation to the obligations under this subsection, the principal shall be 60 million won by adding the unpaid principal to the interest of KRW 55 million and the interest of KRW 5 million in arrears. Among them, 50 million shall be paid a year with the interest of KRW 5 million per annum, and 10 million shall be paid with the interest of KRW 100,000 per month with the interest of KRW 10,000 per month, and such purport shall be stated on the back of the loan certificate.

C. As E and Defendant C failed to repay the above debt, F, the husband of D, demanded the provision of additional security.

Accordingly, F and E set the principal amount as KRW 95 million by adding the interest in arrears and the principal to the principal, and set the borrower as Defendant B, obligee F, and the loan period as from March 30, 2012 to December 2015, and Defendant B issued the F with its address written and affixed a seal thereon. D.

D and F transferred the claims indicated in the above loan certificate to the Plaintiff, who is his/her father, and delegated the notification authority to the Plaintiff, and the instant complaint and the notice of assignment of claims containing the purport of notification of assignment of claims was sent to the Defendant B on September 21, 2015 and August 17, 2015 to the Defendant C, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, witness F's testimony, the purport of the whole pleadings (this defense that the defendant C did not affix his/her seal on the loan certificate No. 1, however, considering the witness F's testimony as a whole, it is recognized that Eul put his/her seal on the loan certificate prepared by Eul with money, and therefore the authenticity of the above document is recognized)

2. Determination

A. D and F, prior to the determination of the cause of the claim, are as seen earlier.

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