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(영문) 서울중앙지방법원 2016.07.20 2015가단5109426 (2)

양수금

Text

1. The Defendants shall pay the following money to the Plaintiff within the scope of the property inherited from C:

A. Defendant.

Reasons

1. Facts of recognition;

(a) annex;

C, as described in the record, 1 November 22, 2002, hereinafter referred to as “C” from Puho community credit cooperatives.

1. Loans (hereinafter “loans”) and (2) October 9, 2002 (hereinafter “loans No. 2. 3)”

(1) As of April 9, 2015, the balance of the principal and interest of the loan No. 1 is KRW 36,306,279 (=interest 17,786,088 won). ② The balance of the principal and interest of the loan No. 2, 8,530,477 won (= principal 5,406,757 interest 3,483,720 won). ② The C died on December 9, 2014. C around September 30, 2015, the Defendant A received an adjudication on qualified acceptance (Cheongju District Court 2015,980), and the Plaintiff was notified of the purport of the Plaintiff’s acceptance of the claim No. 2785, Jul. 27, 2015 [the Plaintiff’s acceptance of the claim No. 2015, Jul. 27, 2015). 207.

2. Determination

A. Serial 1 against Defendant A, the Plaintiff on the part of the claim for joint and several sureties for the loan against Defendant A, based on the “Agreement on Loan Transactions (Evidence A7)”, seek payment from Defendant A as a joint and several sureties for the loan.

As to this, Defendant A, in the “Agreement on Loan Transactions” (No. 7), asserts that there is no sign or seal affixed by himself as a joint and several surety.

Under the loan transaction agreement, the defendant's employee was confirmed in the "verification of whether he/she is the principal, etc.", and the body of the debtor and joint guarantor are different according to the loan transaction agreement.

However, such circumstance alone is insufficient to recognize that Defendant A entered “joint guarantor” in the “joint guarantor” and there is no other evidence to prove that Defendant A prepared it.

In addition, the term "joint guarantor" of the loan transaction agreement cannot be seen as identical with the seal impression of Defendant A.

1. In relation to loans, Defendant A’s obligations for loans to Defendant C.