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(영문) 부산지방법원 2015.10.08 2014나45734
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. On October 8, 2003, Samsung Card Co., Ltd. (the former husband of the Defendant) borrowed KRW 1,533,00 from Samsung Card Co., Ltd. with the card loan loan loan loan term of one year, interest rate of 23%, overdue interest rate of 28%, and joint surety column of Gap evidence No. 1-3 (Application and Agreement) prepared by Samsung Card Co., Ltd., the name and signature of the Defendant were affixed to the joint surety column of Gap evidence No. 1-3 (Agreement). Samsung Card Co., Ltd. was ordered to pay the payment order as of July 14, 2004, by the Gwangju District Court 2004Da25242 on August 18, 2004, and the above decision was served to the Defendant on Sep. 2, 2004, and confirmed on May 13, 2005, the Plaintiff acquired the principal of the claim against Samsung Card Co., Ltd., Ltd. and notified the Plaintiff of the transfer of the claim.

2. The parties' assertion

A. Since the Defendant jointly and severally guaranteed the Plaintiff’s claim for Samsung Card loan obligation against Samsung Card Co., Ltd., the Defendant is jointly and severally obligated to pay to the Plaintiff 45,348,927 won and the loan principal of KRW 15,530,566 each year from April 23, 2014 to the date of full payment.

B. On October 2003, the Defendant’s assertion that A had requested that A receive a guarantee from a financial institution, but rejected this request, and the Defendant did not have any joint and several guarantee for A’s Samsung Card Co., Ltd.’s loans.

The part of the defendant's name was forged among the three (application and agreement) of the evidence No. 1-3 (application and agreement).

Therefore, the plaintiff's claim against the defendant is without merit.

3. The authenticity of the judgment document shall be made.

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