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(영문) 서울중앙지방법원 2021.03.05 2019가단52967
채무부존재확인 청구의 소
Text

1. On January 28, 2016, the Plaintiff’s guarantee obligation based on a joint and several surety contract does not exist.

Reasons

1. The plaintiff's ground for the claim of this case is as shown in the attached Form, and the plaintiff does not have any joint and several sureties in borrowing money from the defendant, and therefore the plaintiff seeks confirmation of non-existence of the claim.

2. As to this, the defendant asserted to the effect that the plaintiff prepared a joint and several surety contract of this case (Evidence A 11 and 7) by himself, but the evidence submitted by the defendant is insufficient to recognize that the above joint and several surety contract was prepared by the plaintiff according to the plaintiff's intent, in light of the evidence No. 7 (No. 7) that D forged the above joint and several surety contract of this case, and there is no other sufficient evidence to acknowledge the fact that the joint and several surety contract of this case was concluded.

3. If so, on January 28, 2016, the Plaintiff’s guarantee obligation under the joint and several surety contract against the Defendant does not exist, and thus, the Plaintiff’s claim is accepted.

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