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(영문) 부산지방법원 2018.07.26 2017가단28760
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 24, 2015, the following content was written in the name of C, a letter of agreement (No. 3) on the part of the High and High and High Cities (O. 3) (hereinafter “the loan agreement of this case”). The “joint guarantor” column bears the Defendant’s seal impression along with the Defendant’s signature and seal affixed thereon.

(hereinafter referred to as the "joint and several sureties of this case". - Bodump trucks, vehicle number: D 184,80,000 won for vehicle price: 184,80,000 won for loans: Interest rate of 9.9% per annum, interest rate of 29,00,000 won for loans, 25% per annum of overdue interest rate, 70% of the principal of loans for the creation of collateral security - Method of repayment - Principal and interest of 48 months;

B. A loan under the instant loan agreement was executed on February 25, 2015, and the interest of time was lost due to overdue payment from April 20, 2015.

Loans as of August 23, 2017 are KRW 191,639,587 (principal KRW 129,00,000 + interest KRW 62,639,587).

C. Meanwhile, C filed a lawsuit to cancel the right to collateral security against the Plaintiff by asserting that the foregoing loan-related document was forged, and as a result, C was ruled against the judgment of the lower court on the ground that it is difficult to recognize the loan-related document in C

(Seoul District Court Decision 2015Da212937 Decided July 12, 2016, and Daejeon District Court Decision 2016Na10641 Decided June 14, 2017) / [Grounds for recognition] Gap-6, 15 evidence, and 1-5 evidence Nos. 1 and the purport of the whole pleadings

2. The parties' assertion;

A. Plaintiff 1) The Defendant, either directly or as the Defendant’s representative, jointly and severally guaranteed the instant loan obligation. 2) Even if E had concluded the instant joint and several guarantee contract exceeding the scope of the right of representation granted by the Defendant.

Even if the defendant is liable for the joint and several liability for the loan obligations of this case in accordance with the apparent representation liability under Article 126 of the Civil Code.

B. On February 2015, the Defendant asserted that he requested the F Branch E to purchase a serious dump truck, and E is a seal imprint, a certificate of personal seal impression, and a seal imprint.

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