양수금
1. Revocation of the first instance judgment.
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
1. The plaintiff's assertion E provided joint and several sureties's joint and several sureties's joint and several sureties's joint and several sureties's joint and several sureties's joint and several sureties's joint and several sureties's joint and several sureties's joint and several sureties's joint and several sureties's loan obligation on July 14, 1994 (hereinafter "Dongnam Bank"). Eul died on September 2008, and the defendants, some of its children, succeeded to the E's joint and several sureties's joint and several sureties's joint and several sureties's joint and several sureties's debt from Dongnam Bank and the
2. Determination
A. Comprehensively taking account of the overall purport of the arguments in the items of evidence No. 3-3, evidence No. 8, and evidence No. 1 (the same as evidence No. 8), for which joint and several surety obligation is established, evidence No. 5 million won as of July 14, 1994 can be acknowledged that E stand joint and several surety obligation against the South-dong Bank of D on December 30, 1996.
Therefore, the defendants defense that the signature and seal of E was forged among the above evidence, so separate guarantee certificates other than the evidence Nos. 3-3 (Additional Agreement on Loan Transactions) have not been prepared, Gap's certificate No. 8 (Agreement on Loan Transactions) was written on December 30, 1996, and the date of enactment of the form is stated as "97.7." The above loan transaction agreement has no bank-related person's seal, and the above additional agreement is written as "Additional Agreement on Loan Transactions" and "Additional Agreement on Loan Transactions" other than additional agreement on loan transactions. The date mentioned in the above additional agreement on loan transactions and the signature and seal of E differs from each other, and there is no other evidence to prove that the signature and seal of D, the main debtor, is forged, and there is no reason to prove otherwise.
B. The Defendants who have extinguished joint and several sureties’s obligation are the above joint and several sureties’s obligation by setting up a collateral with the principal obligation as the secured obligation.