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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.09.04 2015나8772
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

On September 17, 2002, the plaintiff asserts that when the co-defendant B of the court of first instance entered into an agreement on the loan of "alternative exchange theory" with the new card corporation (former ELS corporation) on September 17, 2002, the defendant jointly and severally guaranteed all the obligations to be borne by the above company pursuant to the above agreement, and that the plaintiff acquired the guarantee obligation against the above company.

B. The Defendant’s signature written in each of the above documentary evidence is insufficient to acknowledge the authenticity, and there is no other evidence to acknowledge the authenticity, and the Defendant’s signature written in each of the above documentary evidence is not a dispute between the parties, and there is no evidence to prove that the seal affixed on the signature was affixed by the Defendant’s seal, and the authenticity of the seal is established, that is, the seal affixed on the signature was affixed by the Defendant’s seal is not presumed.

It is not possible to use it as evidence, and the statement of evidence No. 2-6 alone is insufficient to recognize the above joint and several sureties by the defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim against the defendant shall be dismissed as it is without merit, and the judgment of the court of first instance shall be just, and the plaintiff's appeal shall be dismissed as it is without merit. It is so decided as per Disposition.

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