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(영문) 창원지방법원 2013.12.24 2013나1321

대여금

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 parties' assertion

A. On August 22, 2001, the Plaintiff asserted that the Plaintiff loaned KRW 30 million to B (hereinafter “instant loan”). On the same day, the Defendant jointly and severally guaranteed the Defendant’s loan obligation amounting to KRW 36 million with respect to the above loan obligation. As such, the Defendant is obligated to pay to the Plaintiff the agreed interest amounting to KRW 18,922,846 as of September 1, 201 within the limit of the above KRW 36 million as the repayment of the guaranteed obligation to the Plaintiff (i.e., the loan principal amounting to KRW 12,932,846) and the agreed interest amounting to KRW 590,000 per annum from September 2, 2011 to the date of full payment.

B. On June 14, 1996, the defendant asserted that B provided joint and several sureties at the time when B received the so-called Eppppps loan of KRW 30 million from the plaintiff (hereinafter "the instant Epppps loan"), but there is no joint and several sureties with respect to the instant loan.

around 199, at the time when the Defendant extended the lending period of the instant marina loan, the Plaintiff visited the Plaintiff’s female branch and affixed a signature and seal on the supplementary guarantee (No. 1-2, hereinafter “instant supplementary guarantee”) that did not supplement the details of the Plaintiff’s delivery at the Plaintiff’s request, and thereafter, the Defendant modified the instant supplementary guarantee certificate by making the supplementary guarantee as if the Defendant jointly and severally guaranteed the instant loan, and thus, the Defendant could not respond to the Plaintiff’s request.

2. Determination

A. (1) Whether the authenticity of the instant letter of guarantee is established or not is presumed to be genuine when a signature, seal, or seal of the principal or his representative is affixed to the instant letter of guarantee (Article 358 of the Civil Procedure Act). In other words, where the author of the instant letter of guarantee recognizes that the signature, seal, or seal is affixed to the relevant private document, the document shall be presumed to have been signed or sealed (Article 358 of the Civil Procedure Act).