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(영문) 수원지방법원 2015.08.19 2014나43158

채무인수금

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. The reasoning for the court’s explanation of this case is as follows, except where the defendant added the following judgments to the pertinent part as to the matters alleged in the trial of the court of first instance, and thus, it refers to the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Defendant’s assertion 1) forged the above agreement by means that the Plaintiff affixed a seal imprint and a certificate of seal impression that the Plaintiff received from the Defendant to set up a collateral on the above G apartment without authority to do so. 2) The evidence submitted by the Defendant, such as the statement of the evidence No. 1, is insufficient to recognize that the Plaintiff forged the agreement to assume the obligation of the Defendant jointly, and there is no other evidence to acknowledge otherwise.

Rather, according to each of the written applications submitted to the court of first instance and the defendant's division, the seal affixed to the defendant's name of the defendant under the military obligation assumption agreement can be recognized as having affixed the defendant's seal imprint and affixed the defendant's seal directly.

Therefore, the defendant's above assertion is without merit.

B. The Defendant’s assertion that B’s debt amount against the Plaintiff was not confirmed, and the Defendant’s assertion 1) even if the Defendant jointly assumed the Defendant’s debt against the Plaintiff, the amount of debt against the Plaintiff was not confirmed. 2) As of January 3, 2014, the remaining principal and interest of B’s debt against the Plaintiff was KRW 97,731,763 as of January 3, 2014, the Defendant’s assertion against this is without merit.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance shall be just and the defendant's appeal is dismissed on the grounds of its merit. It is so decided as per Disposition.