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(영문) 대전고등법원(청주) 2019.08.27 2018나3817
대여금
Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for adding some judgments as follows.

2. The addition;

A. 3) The Defendant asserts that the loan certificate of this case was forged on the Plaintiff’s side since the date of drawing up the loan certificate of this case was “the date of issuing the certificate of personal seal impression on August 31, 2004,” and the Defendant did not have any record on the H law firm with the certificate of personal seal impression on the loan certificate of this case. Thus, the loan certificate of this case was forged by the Plaintiff. However, as the Defendant is also the person who is also the Defendant, the Defendant signed and sealed the power of attorney for the establishment, etc. of the right to collateral security to receive the purchase price through D and issued the certificate of personal seal impression, etc. to the owner of the forest of this case, and thus the Defendant delegated the preparation of the loan certificate of this case to the Plaintiff’s side. In addition, since the date of drawing up the loan certificate was only prepared in accordance with the party’s intent, it cannot be deemed that the Plaintiff’s signature and the remaining portion of the loan certificate of this case was forged.”

3. The Defendant decided to transfer the instant forest owned by D to the Plaintiff the maximum debt amount of KRW 120 million with respect to the instant forest owned by D, and the right to collateral security, which was already secured for the Plaintiff’s purchase price, so long as the security for the Plaintiff’s purchase price was already secured, the right to collateral security, which was established as of February 20, 2008, overlaps with the said right to collateral security, and there is no secured claim.

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