(영문) 창원지방법원 2019.10.24 2018나63058

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(영문) 창원지방법원 2019.10.24 2018나63058

대여금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. From December 28, 2016 to May 24, 2017, the Plaintiff leased C a total of KRW 25,000,000 on five occasions.

B. On January 18, 2017, C issued a loan certificate on January 16, 2017 (hereinafter “the loan certificate of this case”) to the Plaintiff stating that “10,000,000 won of principal, the due date for repayment shall be July 15, 2017, and the due date for payment of interest shall be the 16th day of each month.” The debtor column of the loan certificate of this case includes the defendant’s name and the defendant’s seal impression is affixed.

C issued the Defendant’s certificate of personal seal impression on January 17, 2017, along with the above loan certificate to the Plaintiff.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (the same as Gap No. 6 and 7) and the purport of whole pleadings

2. The parties' assertion and judgment

A. 1) The parties’ assertion that the Defendant directly signed a joint and several surety contract between December 28, 2016 and May 24, 2017, the Plaintiff leased KRW 25,000,00 to C, and the Defendant jointly and severally guaranteed the Defendant’s obligation to pay KRW 25,00,000 to the Plaintiff jointly and severally with C. Accordingly, the Defendant asserts that the Defendant is jointly and severally liable to pay the Plaintiff KRW 25,00,00 to the Plaintiff. Accordingly, the Defendant did not have jointly and severally guaranteed the Defendant’s obligation, and the Defendant affixed the Defendant’s seal impression on the instant loan certificate without the Defendant’s consent, on the ground that C has kept the Defendant’s seal imprint affixed to the Defendant’s seal imprint affixed to the judgment document, the Defendant asserts that the Defendant is not liable as a joint and several surety. 2) If the signature imprint affixed to the applicant’s seal affixed to the signature affixed to him/her is presumed to have been created based on his/her own seal affixed to his/her signature affixed to it.

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