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(영문) 수원지방법원여주지원 2016.04.20 2014가단309
대여금 등
Text

1. The Defendant’s KRW 60,000,000 as well as its annual 20% from March 1, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. The fact that there is no dispute over the cause of the claim, Gap evidence 1 (the name of the deceased D, which is recognized as the completion date by the appraiser C's writing and fingerprint appraisal result, is marked with the name of the deceased D, and thus the authenticity of the whole document is presumed to have been established. The defendant asserts that the date when the above loan certificate was prepared is " June 28, 2012," and the plaintiff's husband E changed "6 months" to "one month," but the above fact alone is insufficient to reverse the presumption of the authenticity of the remaining statement of the above loan certificate, and there is no other evidence to acknowledge it otherwise, considering Gap evidence 2-1, 2-5, Gap evidence 5, Eul evidence 2-1, E's testimony and oral argument, and the purport of the whole testimony and oral argument as to the plaintiff's remaining statement of the above loan certificate from 200% to 300,000,000 won, 20,000 won, 360,000,00 won.

(The statutory interest rate of 20% per annum until September 30, 2015 and 15% per annum from October 1, 2015 is applicable as the provisions on statutory interest rates under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were promulgated on September 25, 2015 and enforced on October 1, 2015.

A. The Defendant’s above loan certificate is null and void as a juristic act since the obligee did not specify the obligee, and thus, the above loan certificate is valid even if it is valid.

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