대여금
1. The part of the judgment subject to review against the defendant (the plaintiff) shall be revoked.
2. The plaintiff (the defendant for retrial).
1. The following facts are apparent in the records of the judgment subject to a retrial.
On September 12, 2016, the Plaintiff filed a lawsuit against the Defendant, B, C, and D seeking a judgment, such as the written claim, by the Chuncheon District Court 2016Gahap240.
B. On May 15, 2013, the Plaintiff submitted as evidence a loan certificate stating that B borrowed KRW 15 million from the Plaintiff (hereinafter “the first loan certificate”) and the Defendant, C, and D signed and sealed the loan as a joint and several surety for the instant loan (hereinafter “the second loan certificate”).
C. On November 3, 2016, the agent agent submitted a letter of reply stating that “C signed and sealed by the Defendant as a delegating person” (hereinafter referred to as “instant letter of delegation”). On December 16, 2016, the agent agent submitted a letter of reply stating that “C signed and sealed on the column as a joint and several surety for the secondary loan certificate with the Defendant,” and on April 5, 2017, written the written reply.
On August 30, 2017, the Chuncheon District Court rendered a judgment that “The Defendant, B, and C jointly and severally pay to the Plaintiff 168,000,000 won and the amount calculated by the rate of 24% per annum from May 16, 2015 to the date of full payment. The Plaintiff’s claim against D and all remaining claims against the Defendant, B, and C are dismissed” (hereinafter “instant judgment subject to a retrial”).
2. Determination on the grounds for retrial
A. According to the purport of subparagraph 14 of the evidence and the entire pleadings, C, on July 30, 2015, entered the name of the defendant in the column of joint and several surety for the second loan certificate, affixed the seal of the defendant, forged the above loan certificate, and used it to deliver the above loan certificate to the plaintiff. On November 3, 2016, the part in the name of the defendant among the column for the indication of the delegating authority of the letter of delegation of the lawsuit in this case is forged, and the said power of attorney-at-law employee shall be the above power of attorney.