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(영문) 의정부지방법원 2016.07.08 2016가단2758
대여금
Text

1. Defendant B’s KRW 25,500,000 as well as 5% per annum from June 2, 2016 to July 8, 2016, and the following.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1 (excluding the part in the name of the defendant C), Gap evidence No. 2 and the whole arguments, the plaintiff borrowed KRW 27.5 million from the plaintiff on April 10, 2012 between the defendant Eul on March 17, 2014, and the defendant Eul agreed to pay KRW 27.5 million each month from March 17, 2014; ② the defendant Eul prepared and delivered the same loan certificate as the above agreement (hereinafter referred to as "the loan certificate of this case"); ③ the defendant Eul's name was written in the guarantor column of the loan certificate of this case in the same vice language as the above agreement; ③ the defendant C's name and telephone number was written, and the fact that the defendant Eul received KRW 27.5 million from the defendant Eul on April 17, 2014; and ③ the plaintiff can recognize the fact that the defendant Eul received KRW 1 million from the defendant Eul on April 17, 2014.

2. Judgment on the plaintiff's claim

A. According to the above facts finding as to Defendant B, Defendant B is obligated to pay the remaining loan amount of KRW 25.5 million (=27.5 million - two million) and damages for delay.

B. If the stamp image of the person in whose name the signature is affixed to the judgment on Defendant C is affixed with his private document, barring special circumstances, it shall be presumed that the authenticity of the stamp image is established, i.e., the act of affixing the seal is based on the will of the person in whose name the document was prepared, barring special circumstances. On the other hand, when the authenticity of the stamp image is presumed, the authenticity of the entire document is presumed pursuant to Article 358 of the Civil Procedure Act, but such presumption is broken if it is revealed that the act of affixing the seal was made by the person other than the person in whose name the document was written, or that it was made without going against the will of the person in whose name the document was written, or without going against the will of the person in whose name the document was written. Furthermore,

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