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(영문) 수원지방법원성남지원 2016.04.20 2015가합3729
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 30, 2014, C borrowed money from the Plaintiff from time to time, and on October 30, 2014, C drafted a monetary loan agreement (No. 1; hereinafter “the instant loan agreement”) with the Plaintiff as follows:

Article 1 (Loan Amount) A (the plaintiff, hereinafter the same shall apply) of the Monetary Loan Agreement shall be the total amount of loan 2.5 billion won to Eul (C; hereinafter the same shall apply) and the amount shall be as follows:

- Article 2 (Performance Date) “A” of the Loan 2.50 million won (hereinafter referred to as “the Loan”) is the total repayment schedule for 2.5 billion won to be repaid to B as follows:

- The interest rate on loans under Article 3 (Payment of Interest) in December 31, 2014 - 100 million won - February 28, 2015 shall be 24 percent per annum.

B. At the time of preparing the loan certificate of this case, C has the Defendant’s seal imprint certificate and the Defendant’s name. However, C affixed the Defendant’s seal imprint certificate to the joint and several guarantor column of the loan certificate of this case, and issued the Plaintiff a seal imprint certificate under the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, witness C's testimony, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant delivered the certificate of his own seal impression and the certificate of his own personal seal impression to C is comprehensively consented to the preparation of the document by using it, and C is a legitimate representative of the defendant.

Therefore, the defendant is jointly and severally liable with C to pay to the plaintiff 250 million won of the loan of this case and damages for delay.

2. Determination

A. The authenticity of the seal imprint shall, unless there are special circumstances, be presumed in fact that the act of affixing the seal is based on the will of the person under whose name the seal is written, and once the authenticity of the seal imprint is presumed to have been established, the entire document shall be authentic.

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