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(영문) 수원지방법원안산지원 2019.07.12 2018가단19965
차용
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from December 4, 2018 to July 12, 2019.

Reasons

1. Basic facts

A. On March 14, 2018, Nonparty C issued and delivered a loan certificate stating that “the Plaintiff shall have regularly received KRW 13 million.”

B. On July 11, 2018, C prepared and delivered a loan certificate stating that “A regularly receives KRW 40 million from the Plaintiff.”

C. Before August 24, 2018, C issued and delivered a loan certificate stating “the loan certificate of this case was borrowed with KRW 5 million as of August 24, 2018” to the Plaintiff (hereinafter “the loan certificate of this case”). The Defendant signed and sealed the loan certificate as a joint and several surety.

On September 10, 2018, the defendant issued and delivered a loan certificate stating that "one-day deposit of KRW 50 million is regularly received to Nonparty D."

[Ground of recognition] The facts without dispute, Gap evidence 1-1 (the defendant, at the second date for pleading, led to confession of the authenticity of the loan certificate of this case. After then, the defendant asserted that his confession was revoked through the preparatory documents dated May 24, 2019. However, the evidence submitted by the defendant alone is insufficient to recognize that the confession was contrary to the truth and due to mistake, and there is no other evidence to acknowledge this, the revocation of confession is not effective) and Gap evidence 1-2, Gap evidence 1-2, Gap evidence 2, 3, 5, 7, and 8, and the purport of the whole pleadings, as a whole.

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 5 million won as joint and several surety pursuant to the loan certificate of this case as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act until July 12, 2019, which is the date of delivery of a copy of the complaint of this case, which is the day following the date of delivery by the plaintiff as requested by the plaintiff, to the defendant as to the existence or scope of the obligation.

The defendant actually borrowed not only the above five million won but also only 4.5 million won.

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