(영문) 수원지방법원 2016.06.15 2015가단18882

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(영문) 수원지방법원 2016.06.15 2015가단18882

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 14, 201, the Plaintiff: (a) lent KRW 30 million to Nonparty C; (b) interest rate of KRW 2% per month; and (c) date of repayment as of December 31, 201, to Nonparty C (hereinafter “instant loan”).

B. The joint and several surety column of the loan certificate prepared at the time of the instant loan (hereinafter “the loan certificate of this case”) is practically operated by the above C, and the name of the “D” and the seal of D, registered with the Defendant, are affixed thereto.

[Ground of recognition] Facts without dispute, Gap 1-3, and 7's partial entries, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff is the joint and several sureties's debt for the loan of this case. As the defendant jointly and severally guaranteed the loan of this case, the defendant is jointly and severally liable to pay the loan of 30 million won and damages for delay to the plaintiff, and the defendant did not know about the loan of this case. Since the defendant did not affix D's seal on the loan of this case, the defendant is not liable for joint and several sureties's debt, and even if not, the defendant's joint and several sureties's debt is limited to the joint and several sureties's joint and several sureties's debt with the lapse of the prescription period, or the defendant and C paid the lease fee of 35 million won to the plaintiff until the transfer of the name of the plaintiff.

(b) If the seal imprinted by the person who affixed the signature affixed to the document of determination is affixed with his seal, the authenticity of the seal shall be presumed to have been established. If the authenticity of the seal is presumed to have been established, the authenticity of the entire document shall be presumed to have been established, but if it is revealed that the act of affixing the seal was done by a person other than the person who affixed the document, the presumption shall be broken. Therefore, the person who submitted the document shall prove that the act of affixing the seal is based

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