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(영문) 대전고등법원 2018.01.31 2017나14077
대여금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is rendered on January 1, 2016.

Reasons

Basic Facts

The reasoning for this part of this Court is as follows, and this part of this Court's reasoning is identical to the corresponding part of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] Part 5 of the judgment of the court of first instance, "D is the child of the defendant and C," and "D is the child of the defendant and C," respectively.

On May 23, 2013, 200,000 won, and KRW 4,000,000 on May 23, 2013, and KRW 25.4,00,000 on May 25, 2013, written in Part 3, written in Part 1 of the first instance judgment.

The gist of the plaintiff's assertion as to the cause of the claim is that the plaintiff lent a total of KRW 240,000,000 to C in accordance with the contract of this case, and the defendant affixed a seal to the contract of this case and jointly guaranteed the above loan debt of the husband C.

C is unable to repay the above loan borrowed after March 22, 2014, which is due date. Thus, the Defendant is liable to pay the Plaintiff KRW 240,000,000 as a joint and several surety.

The contract of this case does not indicate the defendant's intent of joint and several sureties for the loan debt of this case.

In other words, according to Article 3 (1) of the former Special Act on the Protection of Suretys, the intention of guarantee shall take effect in writing with the name and seal or signature of the guarantor.

Article 3 (1) of the former Special Act on the Protection of Surety (amended by Act No. 13125, Feb. 3, 2015) of the relevant legal doctrine provides that "a guarantee shall take effect only when the doctor indicates in writing the name and seal or signature of the guarantor."

As such, demanding a document stating the guarantor's name and seal or signature to the guarantor's expression of intent of guarantee is more clear and clear as to the existence and content of the guarantee, and on the other hand, it is on the other hand.

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