(영문) 서울동부지방법원 2016.05.03 2015가단25724

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(영문) 서울동부지방법원 2016.05.03 2015가단25724

대여금 등

Text

1. Defendant B, Defendant D, and Defendant C, jointly and severally with Defendant B, were 43,00,000 won and 20,000 of the said money.

Reasons

1. Facts of recognition;

A. On May 11, 2009, Defendant B prepared and delivered a loan certificate stating that “20 million won shall be paid by August 31, 2009 and interest shall be KRW 5 million shall be paid by August 31, 2009” (hereinafter “the loan certificate of this case”).

The loan certificate of this case is indicated as the "Defendant B, a joint and several surety," and the name of the defendant C is affixed with the seal imprint of the defendant C, and the defendant B issued the seal imprint certificate of the defendant C.

B. Defendant B, who continued to engage in money transactions with Plaintiff (Appointed Party) and Appointed D on May 7, 2010, was paid on May 7, 2010, hereinafter “the instant payment note” with the effect that “the Plaintiff (Appointed Party) and the Selection D shall pay in full the amount of the rent of KRW 43 million and interest on May 13, 2010.”

3) The court shall have prepared and issued the evidence No. 1, No. 2, and No. 4 of the grounds for recognition.

2. The assertion and judgment

A. According to the facts of the above recognition as to Defendant B, Defendant B is obligated to pay the borrowed amount of KRW 43 million, which was promised to pay to the Plaintiff (Appointed Party) and the appointed party D, and damages for delay.

B. 1) Determination as to Defendant C on the ground that the fact that the seal affixed on the column for the joint and several surety of the loan certificate of this case is a dispute between the parties, and thus, the authenticity of the loan certificate of this case is presumed to have been established. Accordingly, according to the above facts of recognition, Defendant C is liable to pay the loan amount of KRW 20 million and damages for delay jointly with Defendant B, as a joint and several surety for the loan obligation on the loan certificate of this case, unless there are special circumstances. 2) As to this, Defendant C asserts asserts that it does not bear the joint and several surety obligation because it was not signed and sealed directly on the loan certificate of this case. The other person than Defendant C is the seal of Defendant C.

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