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(영문) 서울고등법원 2015.08.21 2014나2049232
대여금
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On June 29, 2009, an incorporated association B (hereinafter “B”) prepared a loan certificate of KRW 200,000,000 as indicated in the attached Table (hereinafter “the instant loan certificate”) with D on June 29, 2009 while promoting a hospital-centered medical industry cluster creation project (hereinafter “the instant project”) in the Mapo-gu Seoul Metropolitan Government area, and received KRW 200,000,000 from D on July 1, 2009.

B. At the bottom of the loan certificate of this case, B’s corporate seal is affixed to the right side of the entry of “E” with the entry of “E”, and the above entry of “E” and the seal of the corporate seal are affixed with the entry of “C” and the Defendant’s signature.

C. At the time of the loan loan of this case, E was the chief director of B, and the Defendant was the chief director of B, who had no power of representation.

D in June 2014, the Plaintiff transferred the instant loan claims to the Plaintiff, and delegated the authority to notify the assignment of claims.

E. On June 25, 2014, the Plaintiff notified the transfer of the instant loan claim to B by content-certified mail, and at that time, the said notice of transfer of claims reaches B.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 9, purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiff's assertion that the defendant signed the loan certificate of this case with the intention of joint and several sureties, and the defendant is a joint and several surety for the loan of this case and is obligated to pay KRW 200,000,000 to the plaintiff.

B. We examine the judgment, 1. The loan certificate of this case, which is a disposal document, does not contain a statement stating that the Defendant is jointly and severally liable for the loan of this case, and 2. Rather, it places the corporate seal of B along with the statement "the president E" on the right side of the entry at the bottom of the loan certificate of this case and the entry at the system at the bottom of the original loan certificate of this case.

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