beta
(영문) 서울북부지방법원 2016.04.19 2015나31993

리스채무금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

No. 2 of the judgment of the first instance.

The parts of paragraphs are as follows.

B. First, the Defendant, at the time of the instant lease agreement, prepared in advance an application for the lease of this case (Evidence No. 1) by F, the actual manager of A, and the head of D, the Plaintiff’s operating employee, without any explanation as to the content of the instant lease agreement or joint and several sureties, and had the Defendant leave the Defendant and sign the application for the lease of this case without knowing the fact that the Defendant is a joint and several sureties agreement. The Defendant signed the application for the lease of this case without knowing the fact that the Defendant is a joint and several sureties agreement. The seal affixed on the Defendant’s signature affixed with the Defendant’s seal impression, but the Defendant did not directly affix the Defendant’s seal, and thus, the Defendant is not liable for joint and several sureties

According to the overall purport of the statements and arguments in Gap evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1, the remainder of the entries except the defendant's signature in Section 3 of the lease application No. 3 was not stated by the defendant, and the defendant's above signature and seal impression was not affixed by the defendant.

However, the following circumstances, which are acknowledged by comprehensively considering the purport of the entire arguments, namely, ① the words “Joint Guarantee I” on the left side of the place where the Defendant directly stated his/her name, appears to have been easily known that the contents of joint and several surety are included, ② the Defendant’s seal affixed on the Defendant’s name as above are the same as the Defendant’s seal imprint; ③ the Defendant himself/herself is the date of the instant lease agreement.