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(영문) 의정부지방법원 2018.01.19 2017가단7569
대출보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s primary assertion 1) Nonparty 3, Inc., Ltd., obtained five new installment financing loans from the Plaintiff on or around February 25, 2015 and around February 26, 2015, and did not pay damages for delay calculated at the rate of 25% per annum from February 2, 2017 to the date of full payment.

B) After the non-party corporation B (hereinafter referred to as the "non-party corporation").

(3) The installment financing debt of this case (hereinafter “the installment financing debt of this case”) is deemed as follows.

The Defendant succeeded to the obligation of installment financing of this case within the scope of each limit stated in the purport of the claim as the representative director of the non-party company at that time. As such, the Defendant is obligated to perform the obligation of joint and several liability to the Plaintiff within the scope of each limit. 2) Since the non-party in the conjunctive claim C jointly and severally guaranteed the obligation of this case as the representative of the Defendant, the Defendant is obligated to perform the obligation of joint and several liability of this case. Even if the non-party in this case did not have the right of representation to the non-party C, the Plaintiff was believed to have the right of representation of the above C, and

B. The joint and several guarantee documents, etc. of the defendant's assertion in the name of the defendant are prepared by the above C without the defendant's permission.

2. Determination

A. As to the Plaintiff’s primary assertion, there is evidence No. 3 (including a serial number) as shown in the Plaintiff’s assertion that the Defendant jointly and severally guaranteed the installment financing obligation of this case. Meanwhile, if the signature and seal affixed to the document is cut away by his seal, barring any special circumstance, it is actually presumed that the act of sealing is based on the will of the person in whose name the document was written, and once the seal is affixed.

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