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(영문) 부산지방법원 2021.01.29 2019나66422
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Facts of recognition;

A. On June 25, 2010, the Defendant’s mother-friendly C borrowed KRW 21,00,000 from the Plaintiff, and set up a certificate of borrowed money (hereinafter “certificate of borrowed money”) with the content that the Defendant’s mother-friendly C agreed to transfer KRW 1,050,000 each over 20 times from September 20 to April 20, 2012, respectively, on the 20th day of each month, and signed the Defendant’s name, resident registration number, address, and the Defendant’s seal impression in the “joint guarantor” column.

B. On June 25, 2010, the Plaintiff as the obligee, as the representative of the obligor and joint guarantor, C entrusted the preparation of the process of debt repayment contract as the agent of the obligor and joint guarantor, and the process deed, such as the loan certificate, was drawn up by a notary public at No. 1039, 2010.

(c)

In the above process deed, it is difficult to view that the above seal imprint certificate is not a true document solely on the basis of the letter of delegation with the purport of entrusting the preparation of the loan certificate of this case, the letter of delegation with the purport of entrusting the preparation of the process deed, the certificate of personal seal impression issued by the defendant on June 3, 2010, and Eul

C's resident registration list (certified copy) and the defendant's resident registration certificate, which are recorded in relation between C and the defendant, are attached.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, C has jointly and severally guaranteed the debt of KRW 21,000,000 to its own plaintiff on behalf of the defendant lawfully.

As such, the defendant, as a joint guarantor, is obligated to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 8, 2019 to the date of full payment, as requested by the plaintiff, to the plaintiff as the above 21,00,000 won and as requested by the plaintiff.

B. Accordingly, the Defendant’s loan contract is null and void since C prepares a certificate of the loan of this case and borrows money from the Plaintiff in order to raise funds for the Defendant’s smuggling.

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