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(영문) 의정부지방법원 2018.07.11 2016가단124368
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 17, 2015, the Plaintiff entered into a monetary loan agreement (hereinafter “instant loan agreement”) with C (hereinafter “C”) with the Plaintiff at an annual interest rate of KRW 80 million (hereinafter “the instant loan agreement”) and with the Plaintiff as of February 16, 2016 (hereinafter “the instant loan agreement”). At the time, C’s representative director D guaranteed the instant loan obligation, and as to the instant loan obligation, D’s joint and several surety for the money loan agreement (hereinafter “the instant loan agreement”) written at the time, indicated as “B” and affixed the Defendant’s seal imprint.

B. The date of issuance of the Defendant’s certificate of personal seal impression attached after the loan agreement of this case

1. 23.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) the Defendant conferred the right of representation on D to conclude a joint and several surety contract for the above borrowed money, and D, as the Defendant’s agent, stated the Defendant’s name in the column for joint and several surety of the loan contract in this case and affixed the Defendant’s seal, the Defendant is obligated to repay the borrowed money in this case. 2) Even if D did not have the right to conclude a joint and several surety contract for the above borrowed money on behalf of the Defendant, the Defendant issued the certificate of his seal impression and the certificate of his seal impression to D, and the Plaintiff believed that D had the right to act on behalf of the Defendant when concluding the above joint and several surety contract with the Defendant, and therefore, the Defendant is obligated to repay the borrowed money in this case in accordance with the above joint and several surety contract.

B. We examine the assertion of the granting of one power of representation, and the fact that the defendant delivered a seal imprint and a certificate of seal imprint to D is without dispute between the parties. This is the same.

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