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Reasons
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(영문) 서울중앙지방법원 2016.05.04 2015나30809
대여금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 17, 2013, the Plaintiff concluded the instant lease agreement with the Red Design Co., Ltd. (hereinafter “instant company”) at KRW 1,752,00,000,000 per annum of KRW 36 months, and overdue interest rate of KRW 24% (hereinafter “instant lease agreement”). The instant lease agreement was terminated on May 1, 2013, and the unpaid amount as of November 12, 2013 was KRW 9,278,715, interest rate of KRW 29,046, overdue interest of KRW 665,016, total of KRW 10,172,777.

B. Meanwhile, the lease contract of this case was written by the Defendant as joint and several sureties, and the Defendant’s certificate of personal seal impression, copy of resident registration, certificate of local tax payment and certificate of resident registration were submitted as of December 14, 2012 at the time of issuance of the lease contract of this case.

C. The Defendant’s misperception B received a summary order of KRW 3 million in the case of forging Private Document 2015 High Court Decision 2015 High Court Decision 22945, 2000 for the crime of using the Plaintiff’s employee by forging the part under the name of the Defendant in the instant lease agreement.

2. The Plaintiff asserted that the Plaintiff entered into the instant lease agreement with the instant company on February 17, 2013 following the Defendant’s joint and several liability, and the instant lease agreement was terminated as of May 1, 2013 on the wind that the instant company delayed rental fees from May 1, 2013. Even if the part of the Defendant’s name was forged by B, in light of the Defendant’s certificate of personal seal impression, resident registration certificate, copy of resident registration, local tax payment certificate, and resident registration certificate were submitted to the Plaintiff by B, the Plaintiff asserted that there was justifiable reason to believe that B had the right to stand the said joint and several liability on behalf of the Defendant, and that the Defendant was jointly and severally liable for payment of unpaid rental fees of KRW 9,278,715, interest29,046, overdue interest of KRW 665,016, KRW 172,7777.

3.Flag sclocks, flags.

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