logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.09.30 2014가합8459
청구이의
Text

1. The defendant's order of payment (2010j.53, March 25, 2010) against the plaintiff is based on the order of payment (2010j.53, which was issued by the Daejeon District Court.

Reasons

Facts of recognition

A. The Plaintiff was a couple with C in law.

When C bears a large amount of debt due to business failure and received a heavy demand for the debt, the plaintiff was married with C on October 13, 2003.

At the time, the plaintiff was operating D, but C was in the position of the place of business in D even after the divorce.

B. C borrowed money from around 2003 to several times from the Defendant.

The Defendant settled the loan amount up to the point of time as KRW 20 million and demanded the joint guarantor to establish a loan certificate. On December 31, 2005, C prepared a loan certificate with the loan amount of KRW 200 million and the due date as of February 28, 2006 (hereinafter “the loan certificate of this case”), and written the Plaintiff’s name and resident registration number at the end of the loan certificate and affixed the Plaintiff’s seal imprint.

At the time, C issued a certificate of the Plaintiff’s personal seal impression already issued to the Defendant on his behalf.

However, the defendant did not directly confirm the intent of joint and several surety for KRW 200 million to the plaintiff.

C. On March 3, 2010, the Defendant received a payment order (2010 tea53; hereinafter “instant payment order”) stating that “The Plaintiff shall jointly and severally pay to the Defendant KRW 200 million and the amount calculated at the rate of 24% per annum from March 1, 2006 to the date of full payment,” from the Daejeon District Court, the Defendant filed a payment order (hereinafter “instant payment order”).

Around that time, C received the instant payment order from the Plaintiff as his spouse.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 5, Eul evidence 1, 2, Eul evidence 1, 2 (including any number), witness C's testimony, the plaintiff and defendant's result of the questioning, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The seal is affixed to a document of non-permission of compulsory execution under the payment order of this case.

arrow