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(영문) 울산지방법원양산시법원 2014.07.17 2013가단65
청구이의
Text

1. The Defendant’s decision on performance recommendation for loans, etc. to the Plaintiff is based on the court 2007Gapo25982.

Reasons

1. On December 12, 2007, the defendant filed a lawsuit against the non-party and the defendant on the ground that the non-party C is the principal debtor and the plaintiff are joint and several sureties, and this court made the decision of performance recommendation stated in Paragraph 1 of this Article, and this decision was delivered to C and the plaintiff, respectively, and confirmed on January 4, 2008.

2. The parties' assertion

A. The Plaintiff asserts that, even though C was unaware of the fact of borrowing, there was no fact that C had signed as a joint and several surety in the loan certificate, there was no joint and several surety for the loan, and the said decision of performance recommendation also became final and conclusive by concealing C’s receipt of the decision of performance recommendation, and the compulsory execution based on the said decision of performance recommendation should be denied, since C was aware that it was served with a delivery of an order for attachment and assignment of the credit as of October 28, 2013

B. The defendant asserts that on August 28, 2007, the date on which the loan certificate and receipt affixed the plaintiff's seal imprint is the plaintiff's seal imprint, and that on August 28, 2007, the date on which the loan certificate was prepared, the plaintiff provided joint and several surety

3. Facts of recognition;

A. The plaintiff and C are married on October 16, 1992 and they are married with two children, and C does not look at the family in gambling.

B. The Plaintiff’s name and address, etc. stated in the evidence No. 1 (Receipt) and No. 5 (Evidence No. 5) were written by C. The Plaintiff’s seal imprint is the Plaintiff’s seal imprint.

C. At the time of August 28, 2007, the Defendant sent D with 80 seconds, which was a Handphone of the Plaintiff at the time of 19:27.

On August 28, 2007, the Defendant transferred KRW 3,000,000 out of the borrowed amount of KRW 9,000,000 to the deposit account in the name of the Plaintiff.

E. KRW 3,000,000 remitted was withdrawn and used in 30 on August 29, 2007 as KRW 100,000.

F. The Plaintiff was in office as an elementary school teacher from September 1, 1988, and served in the E-school located in Changwon-si as of August 28, 2007, and on August 28, 2007, the vacation period was the school period.

G. On August 28, 2007, the Plaintiff’s price at the Daedong department store located in Changwon-si on August 28, 2007.

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