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(영문) 서울중앙지방법원 2013.09.27 2012가합15867
채무부존재확인
Text

1. The joint and several liability and the issuer pursuant to the letter of agreement of October 12, 2007 against the defendant of the plaintiff (appointed party).

Reasons

1. Basic facts

A. C is a corporation B (hereinafter “B”) whose representative director was registered as the debtor, the defendant as the creditor, and each of the 50,000,000 won of the loans on October 12, 2007 (total of 100,000,000,000) and 1,256,156 won each month in installments (total monthly 2,512,312 won) over 48 months in repayment method, and 9.5% per annum, 2 of the loan agreement of 24% per annum (hereinafter “instant agreement”) were written in the instant agreement, and the two copies of the loan agreement of 1,24% per annum (the evidence No. 1-2, 2, hereinafter “instant agreement”) are written as joint and several sureties and the plaintiff (appointed party, Plaintiff hereinafter “Plaintiff”) and the plaintiff are affixed seals.

B. On October 19, 2007, C and the Plaintiff: (a) drafted a letter of delegation with the authority to prepare a notarial deed of a promissory note with the Defendant for each face value of KRW 60,000,000; (b) two copies of a promissory note with the Defendant (Evidence A-1, 3, hereinafter “the instant letter of delegation”); (c) on the same day, J drafted a letter of delegation with the issuer B, C, the Plaintiff, and the date of issuance on October 19, 2007; (d) two copies of a promissory note with the payment date of KRW 60,000,000 for face value (a total amount of KRW 120,00,000 for face value; hereinafter “the instant promissory note”) and received notarial acts from the law firm Thai by each of the Ministry of Justice No. 23918,23919 of the 207 deed.

(hereinafter referred to as “notarial deeds of promissory notes of this case” (hereinafter).

The Plaintiff, the Appointee D, E, F, and G are children of C, and the Appointor H is the wife of C, and C died on March 23, 2011, and C succeeded to C by the Plaintiff and the rest of the designated parties (hereinafter “Plaintiff, etc.”) at the same time.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 5-1, 2, 3-3, Gap evidence 6-1, 2, and Gap evidence 11-1, the purport of the whole pleadings

2. The parties' assertion

A. The instant agreement including the Plaintiff, etc. and the power of attorney of the instant case are prepared without authority by I, and the Plaintiff and C are jointly and severally liable for the obligations under the instant agreement against the Defendant.

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