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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2015.02.11 2014나53437
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 30, 2001, the Mineyang Livestock Cooperatives (hereinafter “Mayang Livestock Cooperatives”) loaned KRW 97,000,000 to B at the interest rate of KRW 5% per annum, 14% per annum, and due date of payment on June 30, 201, and the Defendant jointly and severally guaranteed B’s obligation of loans.

B. B’s above loan obligations remain as principal and interest amounting to KRW 169,965,330 (principal amounting to KRW 80,651,032) as of December 30, 2013.

C. On January 28, 2008, the Mineyang Cooperatives transferred the above loan claims to the Plaintiff, and on January 17, 2008, notified the above transfer to B by content-certified mail.

[Based on the fact that there is no dispute, Gap's evidence Nos. 1 through 4 [the defendant's husband] asserts to the effect that he forged the loan transaction agreement (No. 2) of this case using the defendant's seal and identification card. However, even according to the defendant's above assertion, the defendant's seal affixed on the loan transaction agreement of this case shall be affixed with the defendant's seal, and if it is recognized that the defendant's seal affixed on the document is affixed with the seal affixed to the name holder's seal affixed to the document, the document's establishment, i.e., the preparation of the seal is presumed to have been made based on the name holder's intention, and if the authenticity is presumed to have been established, the document's authenticity is presumed to have been established. The statement and image of Eul's evidence No. 1 alone is insufficient to reverse the above presumption, and there is no other evidence to acknowledge it, and thus, the defendant's assertion of forgery [the defendant's initial loan transaction agreement of this case is without merit.

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