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(영문) 서울중앙지방법원 2018.07.04 2016가단5286016
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On August 18, 2009, the Korea Slick Bank Co., Ltd. (hereinafter “Slick Bank”) granted loans of KRW 54,600,000 to C Co., Ltd. (hereinafter “Slick Company”) at the rate of 25% per annum on August 18, 2013, respectively.

(hereinafter “instant loan”). As to the instant loan obligations, D, the representative director of the non-party company, has jointly and severally guaranteed, and the Defendants are also recorded as joint and several sureties and the loan transaction agreement with the seal of the Defendants affixed thereto and the written guarantee are prepared.

The non-party bank transferred its claim on the instant loan to Piana Co., Ltd., and the Plaintiff was transferred to Piana Co., Ltd. through the loan for asset management to Piana Co., Ltd., the company was transferred through the loan for asset management to Piana Co., Ltd.

The non-party company remains liable for the principal and interest of KRW 45,471,274 as of October 18, 2015 as of October 18, 2015 because it did not perform its obligation under the instant loan agreement.

[Ground of recognition] There is no dispute, and the plaintiff asserted that the plaintiff of the judgment party as to the grounds for a claim as to Gap's evidence Nos. 1 through 10 and the grounds for a claim as a whole of the pleadings and that the defendants did not have any joint and several liability for the loan of this case.

Judgment

The following facts may be acknowledged and there is no reflective evidence, in full view of the statements in subparagraph 1, B, or B and the purport of the whole of the arguments as a result of the appraisal by appraiser E.

The signature of Defendant B stated in the loan transaction agreement and the letter of guarantee on the instant loan is recognized as not written by Defendant B.

The non-party company is a company in which the F, the husband of D, is the representative director, actually operated by F.

F is granted the instant loan from the non-party bank, and at the same time, the Defendants who had been in the position of director and auditor as joint and several sureties are arbitrarily named as the Defendants, and the loan transaction agreement and the collateral guarantee agreement without the Defendants’ consent.

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