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(영문) 부산지방법원 2017.12.07 2017가단11618
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff asserted that, on March 23, 2010, the Plaintiff lent KRW 100 million to C with the due date set at 2% per December 31, 2013, and that, while C did not repay the above loan, the Defendant, who was an infant of C on October 30, 201, jointly and severally guaranteed the Plaintiff’s obligation to borrow the loan to C.

On October 30, 201, the Defendant recognized that, among the loan certificates (No. 3-1, hereinafter “the loan certificates of this case”) written by C on October 30, 201, the stamp image affixed on the part of the Defendant’s name was based on his/her own seal imprint, the Defendant’s act of affixing a seal is forged as if C did so without consent.

B. If, barring any special circumstance, the authenticity of the signature affixed to the signature-keeping’s seal affixed to the signature-keeping’s seal affixed to the document for determination is actually presumed to have been made based on the will of the name holder, barring any special circumstance, that the act of affixing the seal will be based on the will of the name holder. Once the authenticity of the seal is presumed, the authenticity of the entire document is presumed in accordance with Article 358 of the Civil Procedure Act. However, if it is revealed that the act of affixing the seal was made by a person other than the name holder, the document presenter is liable to prove that the act of affixing the seal was

(See Supreme Court Decisions 88Meu6815 Decided April 25, 1989, and 94Da24770 Decided March 10, 1995, etc.). In light of the above legal principles, in order for C to prepare the loan certificate of this case to the Plaintiff on October 30, 201 that it borrowed the loan amounting to KRW 100 million, due date for repayment, until December 31, 2013, and at KRW 1% per interest month, the Defendant’s name as the guarantor is written, and the Defendant’s seal is affixed and sealed, there is no dispute between the parties.

Furthermore, the act of affixing C’s seal is based on a legitimate title delegated by the Defendant.

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