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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2015.05.29 2014나23463
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The judgment on the cause of the claim No. 1 (the written application for admission, the defendant's defense that the "joint guarantor" part of the document was forged by the plaintiff, but there is no evidence to acknowledge it. Rather, compared to the defendant's name stated in the "name of the representative" column without dispute over the defendant's writing of this document, it is recognized that the defendant's name stated in the "joint guarantor" column is identical with the defendant's written statement (if it is deemed that the written statement or the seal imprint of the document, which is the object of proof, is identical with the author's written statement or seal imprint, the authenticity of the document may be recognized unless there are special circumstances, and in this case, the court may determine the same as the written statement or seal imprint by appraisal without the need to determine the same as the written statement or seal imprint

According to Supreme Court Decision 95Da38240 Decided December 12, 1997 (see, e.g., Supreme Court Decision 95Da38240, Dec. 12, 1997), Gap 2 through 5, 7, 9 through 11, the defendant taken office as the representative director of a stock company B (hereinafter “B”) on February 12, 2009 and entered into an agreement with the National Agricultural Cooperative Federation on February 18, 2009 with B on behalf of the National Agricultural Cooperative Federation. On the same day, the defendant jointly and severally guaranteed the credit card payment obligation to B to the National Agricultural Cooperative Federation; the National Agricultural Cooperative Federation transferred the credit card payment obligation to B to the Plaintiff on December 17, 2014; notified the Plaintiff of the transfer of the credit card payment obligation as of January 7, 2014; the credit card payment obligation of B from 13,435,693 won to 39,496,497,79,497,79.29, etc.

2. On February 23, 2009, the defendant shall be dismissed from office as the representative director of B on the judgment of the defendant's assertion.

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