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(영문) 광주지방법원순천지원 2019.07.18 2018가단79695

채무부존재확인

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. Basic facts

A. The Plaintiff is a person who served as an internal director of FF Co., Ltd. established for the purpose of manufacturing vessel components and parts (hereinafter “F”).

B. On March 9, 2012, E Co., Ltd. (hereinafter “E”) received a loan of KRW 3.9 billion from the Defendant Association, and received a loan of KRW 5 billion from the Defendant Association on the same day.

C. On the same day, the Plaintiff prepared a collateral guarantee between the Defendants and the Defendants to jointly and severally guarantee each of the above E’s loan repayment obligations.

(hereinafter referred to as the "written continuing guarantee of this case", and the joint and several guarantee contract indicated by each of the above written continuing guarantee contracts is referred to as the "each of the above joint and several guarantee contracts of this case"). 【No dispute exists, Gap evidence 2-1, 2, and 3-1 through 7, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. Each of the joint and several guarantee contracts of this case is concluded not by the plaintiff's assertion but by the F's representative qualification, and the documents related to the guarantee are only prepared as an employee of the defendants, and there is no fact that the plaintiff becomes the party to the contract. Thus, each of the joint and several guarantee contracts of this case is invalid.

(B) part of each claim for KRW 50 million.

Judgment

In full view of the facts as seen earlier, evidence, and the overall purport of the pleadings, the following points are revealed. ① At the time of entering into a loan contract with the Defendants, the Plaintiff stated the Plaintiff’s name and address in the “Joint Guarantee column,” which is not F, and affixed the Plaintiff’s seal on the “Joint Guarantee column,” and ② The above written guarantee is printed with questions such as “I have explained the important contents of the terms and conditions and the contract,” and the Plaintiff stated “I have to do so.” ③ At the bottom of the above written guarantee, the Plaintiff’s driver’s license is accompanied by the copy of the Plaintiff’s license, and the Plaintiff signed and sealed in the column for investment.