beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and Defendant B from March 1, 2005 to February 10, 2015.
Reasons
1. The fact that there is no dispute over the cause of the claim, and the authenticity of the entire document is presumed to have been established since there is no dispute over the part concerning the Defendants’ seal impressions. The Defendants filed a complaint with the Plaintiff by asserting that this document was forged, and the Plaintiff was indicted (Evidence No. 5) by the uttering of the above investigation document, etc., but the Jeonju District Court rendered a judgment of innocence (Evidence No. 2) against the Plaintiff on September 23, 2016, and this judgment was appealed. The above circumstance alone is insufficient to recognize that evidence No. 1 was forged) added to the purport of the whole pleadings on January 27, 2005, the Plaintiff loaned KRW 10,000,000 to Defendant B on February 28, 2005 (hereinafter referred to as “instant loan”) and the facts that Defendant C jointly and severally guaranteed it.
According to the facts of recognition, the Defendants jointly and severally liable to the Plaintiff for KRW 100,00,00 and the date following the due date for payment to February 10, 2015, which is the service date of the original copy of the instant payment order, from March 1, 2005; Defendant C shall be 5% per annum prescribed by each Civil Act until June 16, 2015, which is the service date of the original copy of the instant payment order; each of the following dates until September 30, 2015; Article 2(2) of the Addenda of the former Act on Special Cases Concerning Expedition etc. of Legal Proceedings; the statutory interest rate of Article 3(1) main sentence of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 2653, Sep. 25, 2015; the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be paid at least 15% per annum.
2. Determination as to the defendants' defense
A. The defendants' defenses of this case are acknowledged, even if they were to be admitted.