(영문) 대전지방법원 2015.11.27 2014나14793

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(영문) 대전지방법원 2015.11.27 2014나14793

청구이의

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From October 7, 2013, D Co., Ltd. (hereinafter “D”) borrowed KRW 65,000,000 from the Defendant as of December 5, 2013 due date for repayment (hereinafter “the instant loan obligation”), and E jointly and severally guaranteed D’s above loan obligation against the Defendant on the same date.

B. On March 18, 2014, the Defendant asserted that he/she is the creditor himself/herself and the debtor D, the joint guarantor, the Plaintiff, and the E’s respective representatives, and the notary public commissioned a law firm to prepare a notarial deed on a monetary loan agreement to the effect that “the Defendant shall set the amount of KRW 65,00,000 to D on October 7, 2013 at the maturity rate of 24% per annum and 24% per annum; the Plaintiff and E shall set the above loan debt against D as joint and several surety until March 28, 2019; the Plaintiff and E shall be the debtor, the joint and several surety, and if the Plaintiff and E fail to perform the above debt, they shall immediately be subject to compulsory execution; on the same day, the notary public requested D to prepare a notarial deed on a monetary loan agreement to the effect that “No objection is raised.”

C. Upon the above commission, the Defendant submitted the letter of delegation (No. 3, No. 1-1, and No. 1; hereinafter “the letter of delegation”) on March 18, 2014 in the name of the Plaintiff stating that “the Plaintiff, as a joint and several surety for the instant loan debt, delegates all the authority to commission the Defendant to prepare the instant notarial deed as a joint and several surety for the instant loan debt,” and the Plaintiff’s certificate of personal seal impression (No. 1-3; hereinafter “instant certificate of personal seal impression”) on February 27, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1-1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. On March 18, 2014, the Plaintiff asserted that the Defendant was not jointly and severally liable for the instant loan to the Defendant.

유사 판례

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