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(영문) 서울중앙지방법원 2016.04.27 2015나66068

양수금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The plaintiff's assertion and judgment

A. The plaintiff's assertion A obtained a loan from Hyundai Capital Co., Ltd., and the defendant jointly and severally guaranteed A's loan obligations.

The plaintiff was finally transferred the above claim of Hyundai Capital Co., Ltd.

The loan claims amounting to KRW 56,069,195 until March 13, 2014, and the principal amount is KRW 19,564,015.

Therefore, the defendant is jointly and severally liable to pay the principal and interest to the plaintiff.

B. Of the evidence No. 2-1 and evidence No. 12-1, each of the Defendant’s joint and several surety for the Defendant’s obligation cannot be admitted as evidence for the following reasons.

1) There is no evidence to prove that the application form for the transaction of substitute loan (A No. 2-1) did not have the Defendant’s seal and that the Defendant stated his name. 2) The installment financing agreement (A. 12-1) is different from the Defendant’s seal imprint of the certificate of seal imprint (the seal imprint of the certificate of seal imprint is in its original form, and the seal imprint of the certificate of seal imprint is in its original form) and there is no evidence to prove that the Defendant stated his name, address, etc. and affixed his seal.

It is not sufficient to recognize that the defendant guaranteed the debt of the loan of A solely with the entries of Gap evidence Nos. 9 and Gap evidence Nos. 12-2, which are the remaining evidence conforming to the plaintiff's assertion, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

2. Thus, the plaintiff's claim against the defendant shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.