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(영문) 의정부지방법원 2015.10.16 2015가단100679
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 10, 2013, C borrowed a loan certificate (hereinafter “the instant loan certificate”) with the following contents as follows: (a) in borrowing the above amount, the creditor A (Plaintiff) was paid by October 9, 2013, KRW 100,000,000 per day (hereinafter “the instant loan certificate”): (b) in borrowing the above amount, the creditor A (Plaintiff) was paid by October 9, 2013; (c) written a loan certificate accompanied by the debtor C guarantor B (Defendant)’s certificate of seal impression and issued it to the Plaintiff.

B. The loan certificate of this case is written by the defendant as the guarantor, and the defendant's corporate seal is affixed to D's representative director, and the defendant's corporate seal certificate is attached.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the assertion (1) On May 10, 2013, the Plaintiff lent KRW 100 million to C, and the Defendant guaranteed the Plaintiff’s loan obligation of KRW 100 million to C.

Therefore, the defendant, as a surety, is obligated to pay the above KRW 100 million to the plaintiff.

(2) Of the loan certificates of this case, the guaranteed portion of the Defendant’s name among the loan certificates of this case was forged by C without authority.

Therefore, the defendant is not liable for the guarantee following the loan certificate of this case.

B. If, barring any special circumstance, the authenticity of the signature-keeping’s seal affixed to the signature-keeping’s seal affixed to the signature-keeping’s seal affixed to the decision-making document is actually presumed to have been created, i.e., the act of affixing the seal is based on the will of the person who prepared the document, and once the authenticity of the seal is presumed to have been created, the authenticity of the entire document is presumed to have been created. Such presumption is broken if it is revealed that the act of affixing the seal was made by a person other than the person who prepared the document, and thus, the person who

(see, e.g., Supreme Court Decision 2009Da37831, Sept. 24, 2009). The loan certificate of this case is based on the loan certificate of this case.

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