(영문) 춘천지방법원 2018.09.05 2017나1961 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 춘천지방법원 2018.09.05 2017나1961

대여금(채무인수)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff lent KRW 28 million to C from December 8, 2011 to February 28, 2012.

B. From 2011 to 2012, C performed the construction work by being awarded a contract for the construction work of a wastewater treatment plant from Company D (Co., Ltd., Ltd., the company before the change; hereinafter “Nonindicted Company”) with the representative director.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 4 (including branch numbers, hereinafter the same shall apply), Eul's testimony, and the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion 1) The Defendant assumed the obligation to return the loan to the Plaintiff, instead of paying the construction cost, and thus, is obligated to pay the Plaintiff KRW 28 million. 2) The Defendant’s assertion that the Defendant did not accept the Defendant’s obligation, and even if having taken over the obligation, the Nonparty Company, not the Defendant, should be held liable for the acquisition.

B. Determination 1) Since there is no dispute between the parties that the stamp image under the Defendant’s name under the Defendant’s name is printed out by the Defendant’s seal, the stamp image under the Defendant’s name is presumed to have been affixed and sealed by the Defendant, and accordingly, the authenticity of the entire document is presumed to have been established. As to this, the Defendant asserts that it is not his/her own seal, but there is no evidence to acknowledge it. According to the overall purport of the Plaintiff, the Defendant, and C’s testimony and pleading as a witness, following the following: (a) around July 8, 2013: (b) the Plaintiff, the Defendant, and C agreed to settle the amount to be paid to the Plaintiff and the amount to be paid to the Plaintiff directly by the Defendant; and (c) on July 8, 2013, the assumption of obligation under the Defendant’s name that “C will be liable to the Defendant’s representative director of the non-party company” (hereinafter “instant assumption of obligation”).

A. It is recognized that the facts have been prepared.

In light of the above facts of recognition, the defendant extended C's loan to the plaintiff.

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