(영문) 수원지방법원 2020.01.15 2019나76085

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(영문) 수원지방법원 2020.01.15 2019나76085

차용

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. On August 24, 2018, the Plaintiff’s summary of the Plaintiff’s assertion: (a) lent KRW 5 million to Nonparty C, who is the Defendant’s birth, as of September 15, 2018; and (b) the Defendant jointly and severally guaranteed the Defendant’s debt.

In addition, on September 10, 2018, the Plaintiff lent KRW 50 million to the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff the sum of the above loan liabilities and the joint and several liability obligations, 5 million won, and damages for delay.

2. According to each of the statements in Gap evidence Nos. 1 through 5, 7, and 8 (the number of additional notes is included; hereinafter the same shall apply), on March 14, 2018, the non-party C prepared and delivered a loan certificate stating that the non-party C regularly receives KRW 13 million to the plaintiff (hereinafter "the loan certificate dated March 14, 2018"), and on July 11, 2018, C shall prepare and deliver a loan certificate stating "the amount of KRW 40 million to the plaintiff as the loan certificate as of July 11, 2018" (hereinafter "the loan certificate as of July 11, 2018"), and around August 24, 2018, C shall prepare and deliver the loan certificate stating "the loan certificate as of August 24, 2018 to the plaintiff as the loan certificate of KRW 500,000,000,000,000,000 for the loan certificate as 20.81.

) The facts that have been prepared and delivered are recognized. First of all, if the seal imprinted by a title holder affixed on a private document is affixed with respect to the joint and several liability, the authenticity of the seal imprint shall be presumed to have been created, i.e., the act of affixing the seal is based on the will of the title holder, barring any special circumstances. On the other hand, when the authenticity of the seal imprint is presumed to have been established, the document which is presumed to have been authentic shall be presumed to have been authentic when it is signed, sealed, or stamped by the principal or his representative.

(2). (3) The document shall be made as a whole.

참조조문

-민사소송법 제358조

유사 판례

-수원지방법원 2020.01.15 2019나76085

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-수원지방법원안산지원 2019.07.12 2018가단19965

-대구지방법원 포항지원 2017.03.14 2016가단102915

-수원지방법원성남지원 2019.01.29 2018가단6555