(영문) 광주지방법원 2016.05.27 2015나9840 | 리걸엔진

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(영문) 광주지방법원 2016.05.27 2015나9840

대여금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 26, 2010, the Plaintiff lent KRW 50,000,00 to B (hereinafter “instant loan”) for a few years, and the Plaintiff requested B to provide joint and several surety for the instant loan around 2013.

B. Accordingly, on June 20, 2013, B entered the Plaintiff as “the Plaintiff, the Plaintiff, the obligor B, the joint and several surety, the Defendant, the loan 50,000,000 won, and the due date for payment, June 30, 2014,” and the first instance court determined that each of the seals attached to the Defendant’s name affixed on the instant loan certificate cannot be deemed the same as the Defendant’s seal. However, in the first instance court, the Defendant recognized that the stamp image attached to the Defendant’s name affixed on the instant loan certificate is the same as the Defendant’s stamp image, while the Defendant recognized that the stamp image attached to the Defendant’s name affixed on the instant loan certificate is also the same as the Defendant’s stamp image, based on the result of the commission of the appraiser E

The loan certificate (A No. 1, hereinafter "the loan certificate of this case") affixed the seal and issued the certificate of personal seal impression in the name of the defendant on November 18, 2013 at the plaintiff's request.

C. On July 20, 2013, the Plaintiff received KRW 1,500,000 out of the instant loans from B, and the remainder of KRW 48,500,000 has not been paid up to now.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1, 2, and 3, result of a request for a stamp image appraisal to appraiser E by the court of first instance, the purport of the whole pleadings

2. The plaintiff asserted that the defendant is jointly and severally liable for the loan of this case, and that the defendant is obligated to pay the remaining loan of this case 48,500,000 won and damages for delay thereof to the plaintiff, the defendant did not have any joint and several liability for the loan of this case.

3. Determination

(a) If the seal imprint affixed to the person under whose name the document is affixed is affixed with his seal, the authenticity of that seal shall be made, unless there are special circumstances.

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