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(영문) 서울고등법원 2019.09.05 2018나2072452

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 reasons why the court should explain this part of the facts of recognition are as stated in the corresponding part of the reasoning of the judgment of the first instance, except for the case where the judgment of the first instance was accepted as follows. As such, this part of the reasoning of the judgment is cited by the main sentence of Article 420 of the Civil Procedure Act

Part 2, part 18 "Defendant B" is "Co-Defendant B of the first instance trial (hereinafter referred to as "B")", and all Defendant B shall be referred to as "B".

(b) in Part C, in Part C, “Defendant C” and “Defendant C,” both, shall be incorporated into “Defendant”;

(c) Part 3, Part 5, “Defendant D” is “Co-Defendant D of the first instance trial (hereinafter “D”), and all of “Defendant D” are written by adding “D”.

In Part 3, in Part 16, "Defendant E Co., Ltd. (hereinafter referred to as "Defendant Co., Ltd.") shall be incorporated into "Co-Defendant Co-Defendant E Co., Ltd. in the first instance trial."

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion 1) Since the Defendant agreed to jointly and severally guarantee the instant loan obligation through the instant first-use certificate, the Defendant is obligated to pay the Plaintiff the joint and several liability amount of KRW 350,000,000 and the damages for delay thereof. 2) Even if the first-use certificate of the instant first-use household was prepared by F with stolen seals of the Defendant, and the Defendant’s joint and several guarantee contract for the instant loan obligation was not effective, the Defendant confirmed the act of unauthorized representation of F by either receiving the transfer of some of the money lent by the Plaintiff to B from F or concluding a contract establishing the instant collateral security with the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 350,000,000 won and damages for delay.

B. 1) Determination of the primary argument is 1) If the stamp image of the person in whose name the private document was signed and sealed is displayed by his/her seal, barring special circumstances.