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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion is classified as a credit transaction obligor based on the credit limit of 30 million won as of December 10, 2002 against the bankrupt, a future mutual savings bank of the bankrupt, a mutual savings bank of the Republic of Korea (hereinafter "the bankrupt"), and the defendant who is the bankruptcy trustee, but in fact, the bankrupt did not bear the credit transaction obligation as of December 10, 202, or at least the debt was already extinguished.
In other words, under the above credit transaction agreement, the plaintiff is written as the debtor, and the non-party B is a joint guarantor. The plaintiff has no personal relationship with the plaintiff, and the amount of the above credit limit is not known at all, and there is no signature and seal of the plaintiff, and the above document was forged at will by the non-party C, who was in a personal relationship with the plaintiff as the children of the plaintiff at the time, and he used the above loan amount of KRW 30 million.
In addition, even if there was a credit transaction agreement between the Plaintiff and the bankrupt, the Plaintiff’s loan obligation was already extinguished due to the expiration of prescription on December 10, 2012, when the period of five-year extinctive prescription under Article 64 of the Commercial Act is applied to the credit held by the bank through business activities (commercial activities) as a loan obligation against the bank, and the maturity of the above loan is at December 10, 2007.
I would like to say.
2. Determination
A. (i) The debtor column of the Credit Transaction Agreement (Evidence A) dated December 10, 2002 by the bankrupt is written as “A and Jeju D 104,” and the seal imprint is affixed thereto. The debtor column of the Credit Transaction Agreement (Evidence A) as of December 10, 2002 by the bankrupt is written as “A and Jeju D 104,” and the official seal imprint is affixed thereon.
The bottom of the joint and several sureties is also written as “B and Jeju-si E” and affixed a seal on it.
The letter and seal of "A" are also written and affixed to the credit information utilization consent form.
Shes and copies of resident registration certificates (Evidence No. 1).