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(영문) 수원지방법원 2017.04.07 2016가단528164
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. Plaintiff 1) Modern Social Co., Ltd. (hereinafter “Modern Social”).

(1) On November 28, 2014, the Defendant offered a loan of KRW 94,200,000 to B, and at the time, the Defendant provided a joint and several guarantee (hereinafter “instant loan”) and the “joint and several guarantee” of this case.

(2) On April 4, 2008, the Plaintiff entered into an agreement on the transfer and acquisition of bonds with Hyundai Macks, and received the above loans on March 3, 2016, and on March 7, 2016, Hyundai Macks notified the Defendant of the transfer of bonds. 2) Even if the Defendant’s name was stolen during the process of entering into the instant loan contract, the Plaintiff submitted a certificate of personal seal impression, resident registration certificate, and resident registration certificate application form directly issued by the Defendant during the process of entering into the instant loan contract, and thus, the effect of the instant joint and several surety contract is attributed to the Defendant.

3. Therefore, the Defendant is obligated to pay to the Plaintiff, a transferee, the principal and interest of KRW 72,862,467 until March 31, 2016, and delay damages for the remaining principal and interest of KRW 71,439,877.

B. The Defendant only confirms that the Defendant-friendly job offering C is a guarantor, and only issued a certificate of personal seal impression, a certified copy of resident registration, or a certificate of application for issuance of resident registration to C, and there is no name or seal imprint on the column of joint and several sureties for the application for the loan of this case, and there is no seal imprint affixed on the application for the loan of this case. The Defendant’

2. Determination

A. There is evidence No. 3 (a loan application and agreement) that corresponds to the Plaintiff’s assertion that the Defendant jointly and severally guaranteed the loan contract of this case. The evidence No. 3 contains the Defendant’s name, and the Defendant’s name is affixed with the seal of the Defendant’s name. However, the Defendant denies the authenticity of the name and the seal of this case. However, it is reasonable to recognize the authenticity of each of the evidence No. 5 through No. 7.

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