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(영문) 서울중앙지방법원 2018.05.11 2016나82128

대여금

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. Basic facts

A. On December 13, 2010, B obtained loans from Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) at the interest rate of 23.9% per annum, 35.9% per annum, and 32,000,000 won (hereinafter “instant loans”) with the maturity fixed on December 13, 2013.

B. B’s application for a loan that was made at the time of lending the instant loan from the Solomon Savings Bank is indicated as the name of the Defendant in the column of joint guarantor, and the Defendant’s seal impression is affixed. The Defendant’s certificate of personal seal impression issued directly on December 6, 2010, Defendant’s resident registration certificate as of December 6, 2010, Defendant’s resident registration certificate as of December 6, 2010, Defendant’s resident registration certificate as of December 6, 2010, and Defendant’s certificate of taxation (tax payment) by item of tax (tax) in 2010 is attached.

C. As of October 16, 2015, the principal and interest of this case shall be as specified in the attached Form.

The Solomon Savings Bank was declared bankrupt by the court on April 30, 2013 and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

E. B is above B.

A summary order of KRW 2 million was issued on March 29, 2017 for the act in which the name and resident registration number of the defendant were stated in the column of joint and several sureties as stated in the paragraph, and the above summary order was finalized around that time.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 5, Eul's evidence 2-2, the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that (1) the plaintiff first, at the time of lending the loan of this case, the defendant affixed the application form for the loan of this case as a joint and several surety, or at least granted B the authority to act on behalf of himself as a joint and several surety.

② As to this, the Defendant’s certificate of personal seal impression, resident registration certificate, copy of resident registration certificate, and certificate of taxation by item of tax shall be dated December 6, 2010 for the clerk to obtain a security loan of KRW 360,000 from Nonghyup National Agricultural Cooperatives.