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(영문) 대전지방법원 2018.07.18 2018나102520
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

purport.

Reasons

1. Facts acknowledged are as follows: Gap evidence Nos. 1 and 2 (a loan application and loan agreement, and the defendant's appearance on the first day for pleading of the court of first instance to recognize that the seal affixed to each of the above documents was withdrawn by the defendant's seal, and thus, the act of affixing the seal is presumed to be based on the defendant's will. As such, if the authenticity of the seal is presumed, the whole document is presumed to be authentic in accordance with Article 358 of the Civil Procedure Act. The defendant asserts that the seal imprint of each of the above documents is not withdrawn by the defendant's seal. However, the confession of the formation of the document cannot be freely withdrawn, since there is no evidence to acknowledge that the confession was contrary to the truth and due to mistake, the above argument by the defendant cannot be accepted), and the whole purport of arguments as to each of the evidence No. 3 and No. 12 can be acknowledged as follows.

The defendant is called the "motor vehicle of this case" from the vehicle B on September 2012, 201, which is the "motor vehicle of this case".

2) On June 23, 2015, Aju Capital Co., Ltd. and Aju Capital Co., Ltd. entered into a loan agreement with each other on the 19th of the same month in order to obtain and pay installment loans of KRW 10.2 million, with 36 months of the loan principal, interest rate of KRW 10.2 million per annum, interest rate of 24% per annum, and interest rate per annum. B. The Defendant refused to accept the instant vehicle after the execution of the said loan and did not pay the installment payment at all. C. On June 23, 2015, Aju Capital transferred the principal and interest claim (principal principal KRW 9,047,274, interest rate of KRW 2,743,198, and delegated the Plaintiff with the authority to notify the transfer by mail. Around that time, the Plaintiff notified the Defendant of the said transfer.

2. Assertion and determination

A. According to the above facts of determination as to the cause of claim, the Defendant, on June 23, 2015, added the principal and interest of loans as of June 23, 2015, to the Plaintiff as of June 23, 2015, KRW 11,790,47,274 won, 2,743.

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