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(영문) 대전고등법원 2020.09.17 2019나15548

보증채무금

Text

The plaintiff's appeal is dismissed.

The plaintiff bears the costs of appeal.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The grounds that the plaintiff appealed in the judgment of the first instance and claims in this court are not significantly different from the already asserted in the judgment of the first instance.

Therefore, the court's explanation on this case is identical to the part of the judgment of the first instance except for the supplement of the first instance court's decision as to the matters alleged by the plaintiff in priority in the trial as follows. Thus, we accept it pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2면 8~9행 “원고와 피고는 2013. 12. 18. 위 대여에 관하여 600,000,000원의 차용증(이하 ‘이 사건 차용증’이라 한다)을 작성하였다.” 부분을 “원고가 위 대여금의 상환을 독촉하자 2013. 12. 18. C가 위 대여에 관하여 600,000,000원의 차용증(이하 ‘이 사건 차용증’이라 합니다)을 작성하여 원고에게 건네주었습니다.”로 고쳐 씁니다.

In light of the following circumstances, the Plaintiff asserted that: (a) the Plaintiff was holding the Defendant’s seal impression certificate and a copy of his identification card; and (b) on February 25, 2015, at the time when the Plaintiff received the Defendant’s personal seal impression directly issued by C, the Defendant also consented to the Defendant to prepare the instant loan certificate with the Defendant as a joint guarantor; (b) However, in light of the following circumstances, the Plaintiff’s assertion cannot be deemed as the Defendant’s consent to become a joint guarantor on the instant loan certificate, and there is no evidence to acknowledge otherwise.

This part of the plaintiff's assertion is without merit. C manages the building with the management authority delegated by the defendant with respect to the lease of the defendant's building, and the defendant's certificate of personal seal, seal imprint, and copy of identification card necessary therefor.