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(영문) 서울중앙지방법원 2017.11.03 2016나82876
대여금반환
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

Basic Facts

On February 27, 2009, the Plaintiff lent KRW 50,000,00 to Nonparty E, and the Plaintiff issued the Plaintiff a letter of payment with “50,000,000,000,” “E and/or B,” respectively, a promissory note with a face value of KRW 50,000,000 for each face value of E and the Defendant’s name, and a certificate of personal seal impression issued by each of the Defendant E and Defendant B.

The above letter of payment (A9), promissory notes (A1), and power of attorney (A2) in the name of the defendant are affixed with the defendant's seal imprint affixed on each side of the defendant's name.

On February 13, 2015, E died on February 13, 2015, the co-defendant D of the first instance court, who is the spouse of E, and C of the first instance court, filed a declaration of renunciation of inheritance with the Seoul Family Court 2015-Ma3936, and the said court rendered a judgment accepting the said declaration on July 2, 2015.

The defendant, who is the E, filed a report with the Seoul Family Court 2015-Ma3935, and the above court accepted the above report on August 2, 2015.

【The Plaintiff’s assertion by the parties to the judgment on the grounds of the claim as to the entries in Category A through 9, Eul 1, and Eul 2, and the grounds of the overall purport of the pleadings was leased KRW 50,00,000 to E on February 27, 209, and Defendant E, who is the child of Category E, jointly and severally guaranteed the loan debt, the Defendant, as a joint and several surety, is liable to pay the Plaintiff the above loan amount of KRW 50,00,000,000, and damages for delay.

The defendant's assertion that he used a telephone call in the name of the defendant at the time of the defendant's assertion that he used a telephone call in the name of the defendant, and there is only a fact that he issued a certificate of seal impression along with documents such as a certificate of seal impression to E, and since E prepares the letter of payment in this case under the name of the defendant at

If the seal imprinted by the seal affixed to the person in charge of preparation of the relevant legal principles is affixed, the authenticity of the seal shall be established, i.e., the seal affixed, unless there are special circumstances.

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