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(영문) 제주지방법원 2018.03.28 2017나10251
보증채무금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant is the co-defendant A, B, C, and C of the first instance trial.

Reasons

1. Basic facts

A. On May 8, 2007, the Future Savings Bank Co., Ltd. (the Seoul Central District Court Decision 2013Hahap54, Apr. 30, 2013, which was declared bankrupt and the Plaintiff was appointed as the trustee in bankruptcy; hereinafter “U.S. Bank”) granted a loan of KRW 100 million to F on January 22, 2010, at the rate of 20.075% of the expiration date of the credit, and at 30% of the delay compensation rate, respectively.

(hereinafter “instant loan”). (b)

The credit transaction agreement (A No. 12; hereinafter referred to as the "credit transaction agreement of this case") prepared at the time of the loan of this case is signed and sealed in the column of joint and several sureties, together with the signature and seal of A, B, C (Co., Ltd. before the change), E, and the name and seal of the G, and the name of the corporation under the name of the defendant (K Co., Ltd. before the change; hereinafter referred to as the "defendant") in which G was the representative director at the time.

C. As of October 30, 2014, the remaining principal and interest of the instant loan amounting to KRW 169,958,639 (i.e., total interest of KRW 59,354,484 and total interest of KRW 110,363,969).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 3, and 12, the purport of the whole pleadings

2. Determination

A. Determination as to the cause of claim 1) In addition to the basic facts as seen earlier prior to the authenticity of the part of the Defendant in the instant credit transaction agreement, the following circumstances acknowledged by Gap evidence Nos. 5, 11, and 13, the appraisal results and the entire purport of pleadings by the parties to the instant credit transaction agreement and the mortgage contract (Evidence No. 13) which appear to have been prepared as at the time of the instant credit transaction agreement, i.e., the signature completion of the personal name as stated in each of the instant credit transaction agreement and the written mortgage contract (Evidence No. 13) are the same as the written evidence of other G, such as the witness’s written oath (as to this point, the Defendant also recognized that

On May 7, 2007, the day before the loan of this case, G directly issued a personal seal impression certificate and Defendant corporation.

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