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(영문) 수원지방법원 2015.11.25 2014가단49285
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Defendant B, on November 15, 201, agreed that interest amounting to KRW 70,000,000 shall be determined as legal interest and paid to the Plaintiff by March 20, 2014. Defendant C jointly and severally guaranteed the above contractual obligation.

2. Determination

A. According to the evidence No. 1 of the Plaintiff’s claim against Defendant B, the loan certificate which appears to correspond to the Plaintiff’s above assertion (hereinafter “the loan certificate of this case”) is deemed to have been prepared, but there is no evidence to acknowledge the authenticity of the Defendant B’s signature and seal affixed to the loan certificate of this case, and there is no other evidence to acknowledge that Defendant B agreed to pay KRW 70,000 to the Plaintiff. Thus, the Plaintiff’s claim against Defendant B is without merit.

B. The loan certificate of this case against Defendant C does not dispute the part on the signature and seal affixed by Defendant C, which is recorded as joint and several sureties, and thus, the authenticity of the part on the signature and seal affixed by Defendant C is presumed to have been established. However, in this case where the principal obligation of Defendant B is not recognized, there is no ground to view that the obligation of Defendant C, which is the joint and several sureties, is independently established. Thus,

3. In conclusion, the plaintiff's claim against the defendants is dismissed as it is without merit.

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