beta
(영문) 대구지방법원서부지원 2017.11.16 2017가단9668

청구이의

Text

1. The Defendant’s payment order against the Plaintiff was based on the loans case No. 2010 tea 5822 rendered by Seogu District Court Branch for the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 29, 2010, the Plaintiff’s husband C borrowed KRW 30 million from the Defendant, and set up a loan certificate stating the Plaintiff’s name, etc. without permission in the partitions, a joint and several surety of the loan certificate (hereinafter “the loan certificate of this case”) and presented it to the Defendant.

B. On December 27, 2010, the Defendant filed an application with the Plaintiff for a payment order claiming payment of KRW 30 million according to the loan certificate of this case with the Seogu District Court Branch Branch Decision 2010 tea5822, and the said court issued a payment order upon the Defendant’s application on December 28, 2010, which became final and conclusive on January 22, 2011.

(hereinafter referred to as “instant payment order”). 【The ground for recognition】 Statement Nos. 1 through 9

2. The part of the Plaintiff’s loan certificate in the name of the Plaintiff was forged by C, and there is no other evidence to acknowledge that the Plaintiff jointly and severally guaranteed the Defendant’s loan obligation to the Defendant, and thus, it is so decided as per Disposition by the assent of all participating Justices.