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(영문) 서울중앙지방법원 2019.01.16 2018가합2368
대여금
Text

1. The Defendant: (a) KRW 400,000,000 to the Plaintiff and 18% per annum from July 11, 2016 to April 17, 2018, respectively.

Reasons

1. Facts of recognition;

A. On April 11, 2016, between the Plaintiff and the Defendant, the Plaintiff leased KRW 400,000,000 to the Defendant on July 10, 2016 at the due date, interest rate of 18% per annum, and at the highest interest rate of overdue interest rate. The Defendant entered into a monetary loan agreement with the Plaintiff to set up a collateral security to secure the above loan obligation, and the Defendant affixed the seal of the Defendant in the said monetary loan agreement.

(hereinafter “instant loan”). (b) The instant loan

On April 11, 2016, the Plaintiff remitted the instant loan to C’s account designated by the Defendant. On April 11, 2016, the Plaintiff received a promissory note of KRW 480,000,000 from the Defendant’s certificate of personal seal impression and the face value of the Defendant’s issuance.

C. On May 3, 2016, the Defendant set up a right to collateral security of KRW 480,000,000 with respect to the land for a factory in Chosung-gun, Jeonsung-gun, the ownership of which was the Plaintiff, on May 3, 2016.

On April 20, 2017, when the Plaintiff did not repay the principal and interest of the instant loan, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff would take legal measures if the Plaintiff did not repay the principal and interest of the instant loan within a prompt period of time.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the whole purport of pleading

2. The parties' assertion and judgment

A. The plaintiff asserted that he lent the loan of this case to the defendant, while the defendant claimed the payment of the loan of this case while the defendant did not affix the defendant's seal under the loan contract of this case, so the contract of this case was forged. The defendant merely borrowed the loan of this case from E, and the defendant did not have the obligation to pay the loan of this case to the plaintiff other than the lender.

B. If the seal imprinted by the signature affixed to the document as to the authenticity of the instant lending contract is affixed, barring any special circumstance, the authenticity of the seal imprint shall be established, i.e., the seal imprinted by the document.

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