logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2014.12.24 2014가단17341
연대보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The mother of the Defendants on the basis of facts: (a) Nonparty D borrowed money from the Plaintiff; and (b) prepared a letter of payment in which the Defendants would pay interest on KRW 21,140,000 for that money; (c) from December 1, 2004 to December 1, 2004, the said letter of payment was written by the Defendants as joint and several sureties; and (d) the Defendants’ respective seals are affixed on each side of the Defendants’ names.

2. The Plaintiff’s assertion and judgment were jointly and severally guaranteed by the Defendants as a joint and several surety, and thus, the Defendants seek the amount of KRW 21,140,000 and the agreed interest and damages for delay.

The above evidence No. 1 against Defendant C is not recognized, since there is no evidence to acknowledge that the following stamp image after the name of Defendant C, which is the evidence No. 1 (Incompetence) of Defendant C, is based on the seal of Defendant C.

In addition, although there is no dispute between the parties that the stamp image following the defendant Eul's name is based on the seal of the defendant Eul, the above stamp image cannot be used as evidence, and there is no other evidence to acknowledge the plaintiff's assertion, unless there is any evidence to prove that D has the authority to affix the seal of the defendant Eul, and there is no other evidence to acknowledge the plaintiff's assertion.

On the other hand, the plaintiff asserted D's expression representation because it is a family relationship between D and the defendants, but it is insufficient to deem that the expression representation is established solely for such reasons, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

arrow