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1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Northern District Court 2016 tea 27446 is denied.
Reasons
1. Facts of premise;
A. The Defendant received the payment order under Paragraph (1) of this Court’s Disposition (hereinafter “instant payment order”) from a stock company B (hereinafter “B”) on the ground that it acquired loan bonds (5,00,000,000 won for loan, and October 11, 2013) with respect to C.
B. The above payment order is finalized as it is because the plaintiff did not raise any objection, and on the other hand, the joint and several guarantee contract in the case where "the joint and several guarantee contract in the Dispute Settlement Bank B, which is the basis of the cause of the application for the payment order, is stated as the name of the plaintiff and the signature of the plaintiff. [The ground of recognition: the fact that there is no dispute, entry of Gap evidence 2, Eul evidence 1 and 2, and the purport
2. Determination
A. The plaintiff's assertion on the premise that the assignment of claims made by the plaintiff B to the plaintiff is made for the purpose of the litigation trust in the premise facts, but there is no evidence to acknowledge it. Thus, the plaintiff's assertion on the premise of it is without merit without further review.
B. As a result of the amendment on February 3, 2015, Article 3(1) of the Special Act on the Protection of guarantors (amended by Act No. 13125, Feb. 3, 2015; hereinafter “former Act”) amended on February 3, 2015, Article 3 of the former Act on the Protection of guarantors (amended by Act No. 13125, Feb. 3, 2015; hereinafter “former Act on the Protection of guarantors”), Article 6 of the Addenda is deleted,
The guarantee shall take effect in writing with the name and seal or signature and seal of the guarantor, and Article 11 of the same Act provides that “A contract violating this Act and disadvantageous to the guarantor shall not take effect.” Thus, in order to take effect, the intent of the guarantee must be expressed in writing with the name and seal or signature and seal or signature of the guarantor.
Dor. When the Defendant seeks to assume the obligation of the surety against the Plaintiff, the instant contract of guarantee.