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(영문) 광주지방법원 2018.08.31 2018나50887
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On August 20, 2007, when the Plaintiff’s assertion B (hereinafter “Research Institute”) applied for membership to the Suhyup Faccom Agreement, the National Federation of Fisheries Cooperatives (hereinafter “Research Institute”) agreed to pay the credit card use fee by 27% per annum on August 27, 2007, but pay the overdue interest at 27% per annum. The Defendant jointly and severally guaranteed the debt related to the issuance of the card.

However, until May 27, 2008, the Agency failed to pay the amount of KRW 2,514,518 using the above Suhyup Card, and the National Federation's credit was transferred to the Plaintiff through a loan for the management of assets.

Therefore, the defendant, as a joint and several surety, is obligated to perform the above debt to the plaintiff.

B. According to the records in Gap evidence No. 1, the research institute's name is only written in the column, which is the joint and several surety of the research institute's application for membership in the Suhyup Card Co., Ltd., and there is no signature or seal of the defendant.

Therefore, even if there is the obligation of the research institute, the Defendant is not recognized to have jointly and severally guaranteed it, so the Plaintiff’s claim is without merit.

2. Conclusion, the claim of this case must be dismissed as it is without merit.

The judgment of the first instance is unfair on the contrary of this conclusion, and thus the plaintiff's claim is dismissed.

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