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(영문) 서울중앙지방법원 2016.09.02 2015나28660
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. Defendant A approved that the credit transaction basic terms and conditions or credit card holders’ terms and conditions apply to the transaction falling under the following loan items, which is a financial institution, Daegu Bank or New Card, and obtained each loan (hereinafter “each of the instant loans”). Defendant B jointly and severally guaranteed the Defendant A’s debt 3 in the table Nos. 3 below (hereinafter “instant joint and several guarantee”).

Defendant B acknowledged that Defendant B’s signature and completion of the Defendant B’s signature and completion are identical to that of the principal’s signature and completion, but argued that Defendant B signed without the intent of joint and several liability. Thus, inasmuch as the authenticity of the disposal document is recognized by Defendant B’s direct signature and the authenticity of the disposal document is recognized, the court should reasonably interpret the objective meaning granted by the party to the act of indicating the content of the document regardless of the party’s internal intent. In this case, if the objective meaning of the text is clear, unless there is any clear and acceptable counter-proof to deny the contents, the existence and content of the expression of intent as stated in the disposal document should be recognized (see, e.g., Supreme Court Decision 2013Da20915, Sept. 10, 2015). Thus, Defendant B’s assertion is not acceptable as it presented or presented clear evidence to deny the contents and evidence to prove the above assertion, and thus, Defendant B’s assertion is not acceptable.

(Unit: 5,351,038 10,721,7279, 2772, 3172, or 3172 on August 22, 201, 201, the credit card of the Daegu Bank of Daegu 2, 5,94, 265 12,893, 691, 837, 9563 new credit card loans of 12,045,053 on March 11, 2003, 11,045,785, 347,7814, 393, 563, 5663, of the loans extended by creditor financial institutions.

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