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(영문) 부산지방법원 2016.10.18 2016가단24020
약정금
Text

1. Defendant B’s 20,700,000 won and the interest rate of 15% per annum from June 1, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On January 27, 2016, the Plaintiff’s certificate No. 1, No. 1, 2016, that “20,700,000 won shall be repaid until February 29, 2016” from Defendant B is “the instant confirmation document.”

(B) was issued. B. The name of Defendant C was written on the back of the signature seal of Defendant B at the bottom of the instant confirmation document, and the seal of Nonparty D (Defendant B’s father) was affixed, and on January 27, 2016, the Defendant C’s certificate of personal seal and resident registration issued upon request by Defendant C was attached. [Grounds for recognition] Facts that there is no dispute between the parties, and the purport of the entire pleadings (including the serial number, and the purport of the entire pleadings) are attached.

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the agreed amount of KRW 20,700,000 of the instant written confirmation and damages for delay at the rate of 15% per annum from June 1, 2016 to the date of full payment, as the Plaintiff seeks.

3. Determination as to the claim against Defendant C

A. Defendant C did not sign and seal the instant confirmation document, and rather did not claim against Defendant C any claim.

B. In full view of the facts as seen above, the fact that the Defendant C’s certificate of personal seal and resident registration are attached to the instant confirmation document, but according to the entries and the results of written appraisal in subparagraph 1-2 and 3-3, the part of “C” as stated in the instant confirmation document was writtenly evaluated different from the written evidence of the Defendant C, and the Plaintiff also delivered the certificate of personal seal impression and resident registration certificate that the Plaintiff requested and issued to the Defendant C on January 27, 2016, and the said confirmation document was issued without the Defendant C’s seal affixed to the instant confirmation document, the mere evidence submitted by the Plaintiff alone is written on the instant confirmation document.

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