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(영문) 서울중앙지방법원 2018.04.05 2017나64684

보증채무금

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. The Plaintiff traded goods with a limited liability company whose representative director is a company that produces and sells various construction materials, real containers, glass, windows, goods, etc.

B. In around 2014, the Defendant prepared and awarded a joint and several sureties (Evidence A 1) stating that “The Defendant shall pay all the future obligations to the Plaintiff jointly with B” to the Plaintiff.

C. The Plaintiff’s price for goods that was not paid in the transaction with B is KRW 199,422,159, and the price for outstanding bills issued by B is KRW 2,584,807.

[Ground of recognition] Each description of Gap evidence Nos. 1 and 4, the purport of the whole pleadings [the defendant denies the authenticity of Gap evidence Nos. 1 (Joint Guarantee Certificate), but if the signature affixed to the document is withdrawn by his/her seal, barring any special circumstance, it shall be presumed that the act of affixing the seal is based on the will of the person in whose name the document is prepared, and once the authenticity of the seal is presumed to have been established, the entire document shall be presumed to have been authentic (see, e.g., Supreme Court Decision 2009Da37831, Sept. 24, 2009). In light of the purport of the whole arguments as to the fact inquiry about the Cdong community service center of this court, since the seal affixed to the defendant's name is deemed to have the same as the seal affixed to the defendant's seal affixed to the defendant's seal imprint at the time of the fact that the act of affixing the seal affixed to the above joint and several surety is presumed to have been actually caused by the defendant's will.]

2. In a case where the authenticity of the judgment on the cause of the claim is recognized, the court shall, in principle, recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable evidence to deny the contents of the statement.