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(영문) 서울고등법원 2015.10.08 2015나9822

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of paragraphs (1) and (3) of the judgment of the court of first instance, except that the court of first instance, 5 to 6, 5, and 12, from among the 5 pages of the judgment of the court of first instance, shall be cited as is by the main text of Article 420 of the Civil Procedure

【The part written by Defendant B and E recognized that the stamp image in the column for joint and several sureties of the construction contract was cut out by the seal of the said Defendants. However, when considering the entries in the evidence No. 2 and the witness I’s testimony in the trial court, the entire purport of the pleadings is added to the witness I’s testimony, it is recognized that the name and address of the Defendants in the column for joint and several sureties of the construction contract and the resident registration number of the Defendants who worked as a member of the promotion committee at the time of entry (I testified that the Defendant B did not have any memory written by Defendant B, but it appears that the pen appears to be the same as

In the first instance court’s personal examination, Defendant B stated that he was aware of the fact that his seal was affixed to the column of the joint and several sureties of the construction contract after becoming the promotion chairman. At the time of the trial, Defendant B made a construction contract at the restaurant where the Defendants were the mother and issued the seal to the J which was the promotion chairman at the time when the Defendants prepared the construction contract and entered the joint and several sureties column in a package, and the Defendants did not directly affix the seal to the seal.

In addition, I stated that, while the Defendants were present at the restaurant at the time, the father K, who is not Defendant C, was present at the meeting of the Defendant C, and that he is a person who is not aware of the Defendant G who was present at the court.

In full view of these circumstances, it is doubtful whether the above Defendants directly affix their seals on the column of joint and several sureties of the contract for construction work.

Ultimately, the joint guarantor of the construction contract is the column.