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(영문) 전주지방법원 2018.08.22 2018가합1765
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C. The loan certificate No. 2 stating that “A borrowed KRW 260 million from the date of maturity on December 1, 2012 to the Plaintiff on August 30, 2013.” The loan certificate No. 2, hereinafter referred to as “the loan certificate of this case”).

A) The delivery and delivery of the above loan certificate was made and the debtor column of the above loan certificate was signed and sealed by C and the defendant on the right side of C. B. The plaintiff loaned money to C on December 26, 2012, with the deposit account in the defendant’s name, transferred KRW 15 million on December 28, 2012, KRW 35 million on December 31, 2012, and KRW 35 million on December 31, 2012. C. The certificate of personal seal impression issued by the defendant on July 19, 2013 and the copy of the resident registration issued by the defendant on July 19, 2013. [In the absence of dispute over recognition, Gap’s evidence Nos. 1, 2 and 3, and evidence No. 4-1, each of the arguments, the purport of the whole pleadings, and the purport of the whole pleadings.

2. The Plaintiff asserted that the Plaintiff lent KRW 260 million to C as a bid price for auction, and C used as operating expenses of Embel in Seojin-gu Seoul Metropolitan Government D.

In the course of demanding repayment of loans to C, the Plaintiff came to know that C is conducting financial transactions under the name of the Defendant, who is a dependent, with bad credit standing, and the Plaintiff demanded C to stand a joint and several surety by the Defendant. C is not residing in the former State, and C affixed the Defendant’s seal impression on the loan certificate in this case, and the Plaintiff was issued a certificate of personal seal impression and a certified copy of the resident registration in the name of the Defendant in July 2013.

The defendant is jointly and severally liable to pay the loan amount of KRW 260 million to the plaintiff jointly and severally with C, as the defendant is jointly and severally liable to pay the loan amount of KRW 260 million to the plaintiff as the child of C.

3. Determination

A. If the seal imprinted by the signature affixed to the document as to the authenticity of the instant loan certificate is affixed, barring any special circumstance, the authenticity of the seal imprint will be formed, i.e., the signature will of the person under whose name the document is affixed.

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