청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The basic facts are as follows: (a) the Defendant borrowed 10 million won from the Defendant on March 27, 2007 under the Plaintiff’s joint and several surety from the Defendant on March 27, 2007 at interest rate of 30% per annum; and (b) interest from March 27, 2008 is not paid from March 27, 2008; (c) the Plaintiff and the Plaintiff jointly and severally are liable to pay the Defendant interest or delay damages calculated at the rate of 30% per annum from March 27, 2008 to the date of full payment; and (d) the payment order was issued as of May 19, 2009; and (e) the payment order became final and conclusive at that time.
(hereinafter referred to as the “instant payment order”), / [Grounds for recognition] without dispute, entry of Gap evidence No. 1, and the purport of the whole pleadings.
2. The plaintiff's assertion and judgment asserted that the loan claims indicated in the payment order of this case (hereinafter "loan claims of this case") were not established from the beginning, and since the plaintiff did not have any joint and several sureties, the plaintiff's compulsory execution based on the payment order of this case against the plaintiff should be rejected.
However, if the authenticity of a disposal document is recognized, the court should, in principle, recognize the existence and contents of the declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable reflective evidence that denies the contents of the statement.
(See Supreme Court Decision 2004Da60065 Decided May 27, 2005, etc.). However, in light of the result of the fact-finding on the Plaintiff’s certificate No. 1, the Plaintiff’s signature and seal affixed to this document, and the Plaintiff’s name stated next to the phrase “joint guarantor” of the loan certificate, as well as the Plaintiff’s signature and seal affixed to this document, as a result of the fact-finding on the Plaintiff’s home community service center at the beginning of this court, the Plaintiff’s signature and seal affixed to this document were written.