logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.06.27 2017나39973
차용금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s ground of appeal citing the reasoning of the first instance judgment is not significantly different from the allegations made by the first instance court, and the fact-finding and determination by the first instance court are recognized as legitimate in full view of all evidence submitted by both parties to the trial.

Therefore, the reasoning for the court’s explanation on the instant case is as stated in the reasoning of the judgment of the first instance, except for the addition of the following supplementary judgments as to the Plaintiff’s assertion, and thus, this is cited in accordance with the main sentence of Article 420 of the

2. Supplementary determination on the Plaintiff’s assertion

A. The gist of the Plaintiff’s assertion is that “A, which was the husband of the Defendant, comprehensively granted the Defendant C the right to represent the conclusion of the joint and several several several liability agreement at the time of borrowing KRW 100 million from the Plaintiff (hereinafter “the instant loan”). Even if the Defendant issued a certificate of personal seal impression and a certificate of personal seal impression, as long as the Defendant issued a certificate of personal seal impression and a certificate of personal seal impression, the Defendant is obligated to perform the joint and several liability stated in the claim to the Plaintiff.”

B. First of all, as evidence consistent with the Plaintiff’s allegations, there are evidence Nos. 1-1(s) and 1-3(s) as evidence that corresponds to the Plaintiff’s allegations.

However, comprehensively taking account of the purport of the entire arguments in the statements Nos. 8, 9, 12, 23 through 31, and No. 11-3 of Eul, it is recognized that a third party, who is not the defendant, has affixed a seal affixed to each of the above documents under the name of the defendant and affixed a seal affixed to the defendant's name. It is difficult to recognize that the defendant, as a matter of course, granted a joint and several liability for the above borrowed money on behalf of the defendant to the person who uses the certificate of seal imprint and the certificate of seal imprint, solely on the ground that the defendant obtained the certificate of seal imprint on March 16, 2012 and delivered it to C along with the certificate of seal imprint, and otherwise, the defendant

arrow