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(영문) 부산지방법원 2017.06.16 2016나11681
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The defendant is the plaintiff of the facts of the foundation B.

B, on March 23, 2015, “I receive KRW 50 million and immediately return the said money at the creditor’s request.” On the same day, “I Return” was written at the bottom of the cash custody certificate, and “The method of payment” attached to the said cash custody certificate was written at the end of each month, “I will pay KRW 7,000 per 10,000 per 7,000 per 7,000 per 27,000 per 27,000 per 10,000 per 10,000 per 10,000 won per 10,000 won per 10,000 won per 10,000 won per 3,000 won per 10,000 won per 23,000 won per 20,000 won per 3,000 won per 3,000 won per 20,000 won per 3.”

At the bottom of the cash storage certificate, the term "the method of payment" attached to the "the joint guarantor" includes the defendant's name, the defendant's seal imprint is affixed, and the defendant's seal imprint certificate issued on March 23, 2015 was attached.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2-1, and the purport of the whole pleadings

2. The assertion and judgment

A. On March 23, 2015, when the Plaintiff leased KRW 50 million to B on March 23, 2015, the Plaintiff jointly and severally guaranteed the above loan obligation. The Defendant, as a joint and several surety, is jointly and severally liable to pay the Plaintiff the remainder of KRW 45 million after deducting KRW 50 million from KRW 50 million from the said loan.

B. Even if the seal imprint affixed to the domestic cash storage certificate is stolen or forged by B, at the time of concluding the joint and several sureties contract, B has the defendant's certificate of seal imprint and seal imprint, and the defendant expressed his intention of granting his authority to B, and whether B has the authority to represent the defendant.

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