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(영문) 전주지방법원 2017.09.20 2017가단201

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 4, 2007, the Plaintiff established C Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of distribution and sales business, etc., and assumed office as the representative director.

B. On February 22, 2008, the Defendant and the non-party company continued to engage in transactions after entering into an installment sales agreement, and the Defendant’s claim, such as the price of the goods, pursuant to the above agreement, reached KRW 37,932,820 as of October 20, 208.

C. The defendant asserted that "the plaintiff jointly and severally guaranteed the obligation to pay the non-party company's goods, etc. in the above agreement," and filed an application for the payment order with this court for the payment of the above money. On November 7, 2008, this court issued a payment order with the purport that "the plaintiff shall pay the defendant 37,932,820 won and damages for delay" and the above order was finalized on December 3 of the same year.

[Ground of recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 1-7 (excluding the part in the plaintiff's name in the installment sales agreement (No. 1-1); hereinafter the same shall apply) and the purport of whole pleadings

2. Since D, the gist of the cause of the claim, which is the Plaintiff’s birth, has forged the part under the Plaintiff’s name of the installment sales agreement by stealing the Plaintiff’s seal imprint, compulsory execution based on the above payment order based on which it is based should be denied.

3. In full view of the facts based on the judgment as to the cause of the claim, the evidence at time, and the Plaintiff’s seal image part, and the evidence No. 1-1 of the evidence No. 1-2 (the part in the Plaintiff’s preparation, and the Plaintiff’s defense to the effect that the part in the above preparation was forged by D, however, there is no evidence to acknowledge this, and there is no reason to prove the above defense), the Plaintiff signed and sealed the joint and several surety at the time of the above installment sales agreement to the effect that “the Plaintiff is a joint and several surety for the obligation to pay goods, etc. to the Defendant”