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(영문) 광주지방법원 2014.12.03 2014나1818
보증채무금
Text

1. Of the judgment of the court of first instance, KRW 16,50,000 against the Plaintiff and its related thereto, from April 11, 2013 to December 3, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. From January 4, 2005 to September 29, 2008, the Plaintiff deposited KRW 30,490,000 in total from the Plaintiff’s agricultural cooperative account.

B. On April 6, 2010, C prepared a loan certificate stating that the Plaintiff borrowed KRW 29.5 million from the Plaintiff at 1% of interest per month, and the due date on December 30, 2011 (hereinafter “the loan certificate in this case”). The loan certificate in this case states that “the debtor liable for the above contract bears the same responsibility,” and the debtor’s column bears the signature and seal of C, and the debtor’s joint and several liability column bears the signature and seal of C.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 [including each number; hereinafter the same shall apply], while the defendant asserted that Gap evidence No. 1 (the loan certificate of this case) was forged, but there is no evidence to acknowledge the forgery of the loan certificate of this case (the defendant's written objection to the submission of the loan of this case is erroneous, reference documents to August 13, 2013, and November 18, 2013 written reply dated 18, 2013 that the defendant signed and sealed the loan certificate of this case directly.

The defendant's above assertion is rejected)

2. According to the facts of the judgment as to the cause of the claim and the purport of the entire pleadings, C borrowed money from the Plaintiff from January 4, 2005 to September 29, 2008, and upon preparing the loan certificate of the Plaintiff and the instant loan certificate, C settled the above loan obligation at KRW 29.5 million, and the Defendant jointly and severally guaranteed C’s obligation of borrowing KRW 29.5 million to the Plaintiff. Thus, the Defendant shall jointly and severally pay the Plaintiff KRW 29,50,000 and delay damages, barring any special circumstance.

3. Judgment on the defendant's assertion

A. 1 The assertion that C did not forge the loan certificate of this case

However, the defendant has signed the above loan certificate in order to confirm the debt of the loan to the plaintiff, and the defendant is against the plaintiff.

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