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(영문) 서울서부지방법원 2017.10.31 2017나30631
환수금
Text

1. The plaintiff's appeal against the defendant C and all appeals against the defendant A, B, D, and E are dismissed.

2. The Plaintiff and the Plaintiff out of the appeal costs.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' to the assertion that the plaintiff and the defendant A, B, D, and E are emphasized or added in this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff’s assertion is determined (1) The Plaintiff’s employee I explained the Defendant C’s direct delivery or financial guarantee agreement, and the Defendant C written his/her written statement and written his/her seal impression affixed to I. As such, Defendant C also has the responsibility to guarantee the obligation to recover.

(2) According to the records of Gap 4-5, 7, 9, and 13-1 through 4, the defendant Eul delegated the defendant Eul's certificate of personal seal impression to the defendant Eul who is the husband on April 22, 2013 and the defendant Eul issued the defendant Eul's certificate of personal seal impression; the defendant Eul issued the plaintiff's certificate of personal seal impression and tax item (tax payment) certificate to the defendant Eul on the same day; the defendant Eul issued the defendant Eul's certificate of personal seal impression and tax item (tax payment) certificate to the defendant Eul on the same day; the defendant Eul and the defendant Eul as joint and several surety; the defendant Eul's financial guarantee certificate (the "the defendant Eul's financial guarantee certificate"; the defendant Eul's financial guarantee contract concluded by this financial guarantee certificate was written with the defendant Eul's personal information and signed and sealed, and the copy of the defendant Eul's resident registration certificate was also attached. Thus, it is doubtful that the defendant Eul delegated the above authority to the defendant Eul to the defendant Eul as the financial guarantee contract.

However, in light of the following circumstances, Defendant C directly prepared Defendant C’s financial guarantee statement on the sole basis of the above recognition facts, taking into account the descriptions of 4-1 and 5-5, the testimony of Party C’s witness F and the purport of the entire pleadings.

or Defendant C shall have the authority to conclude a financial guarantee contract with Defendant C.

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