logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.17 2014가단132233
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. From January 2012, the Plaintiff supplying the Plaintiff’s petroleum products supplied the petroleum products to Nonparty D who operated the gas station at the land building in Suwon-si, Suwon-si, Inc., the Defendant, a representative director, supplied the petroleum products to Nonparty D.

On June 30, 2012, the Plaintiff transacted with D in cash, and thereafter, around August 2012, the Defendant prepared a joint and several surety (a certificate No. 2 of the Plaintiff; hereinafter “instant joint and several surety”) with the content that the Plaintiff would be jointly and severally and severally guaranteed within the limit of KRW 100 million to the Plaintiff’s debt owed to the Plaintiff at the time and all debts to be owed to the Plaintiff. Since the Plaintiff did not receive KRW 29,211,052 from D, the Defendant is liable to pay the said money to the Plaintiff under a joint and several surety agreement.

B. The defendant joint and several sureties of this case is forged.

Therefore, the defendant is not liable as a joint and several surety for the price of the above petroleum products.

2. According to the statement in Gap evidence No. 2, the joint and several surety in this case includes the defendant's name and address as a joint and several surety, and the defendant's name is affixed a seal of the defendant's name next to the defendant's name, and it is recognized that the joint and several surety in this case is accompanied by the defendant's certificate of personal seal impression issued by the Seocho-gu Seoul Metropolitan Government Head of Seocho-gu Seoul Metropolitan Government

According to the appraisal result of appraiser E, the above appraiser evaluated that the seal affixed to the plaintiff's seal imprint report column and the seal affixed to the joint and several surety of this case are the same.

In regard to this, the defendant asserts that the seal imprint on July 30, 2002 in the above seal imprint registration column was affixed with the seal imprint on July 30, 2002, and that the plaintiff later changed the seal imprint, such as where the seal imprint is used as a large number of the seal imprint, leaving away the outer cover, etc., and that the seal imprint of the defendant's seal imprint recently used and the joint and several surety seal imprint

arrow