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(영문) 대전지방법원 2017.09.22 2016나107415
기타(금전)
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's revocation part is against the defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 3, 5, Eul evidence Nos. 6, 7 (including paper numbers), J. B’s testimony, the result of the appraisal of the seals I by the first instance trial appraiser, and the whole purport of the pleadings.

At the time of the limited partnership company G (hereinafter referred to as “G”), the Plaintiff, a representative member, sold to B on March 28, 2014 all of the shares in G owned by the Plaintiff at KRW 270 million.

(hereinafter referred to as "the above sales contract". B.

Then, on April 6, 2014, a statement of performance (Evidence A 3; hereinafter “instant statement of performance”) was prepared between the Plaintiff, B, and C, stating that “The representative director D, B, and C guarantees payment to prove that the payment was made in accordance with the agreement.”

C. The execution letter of this case is written by the defendant as joint and several sureties, and the defendant's seal imprint is affixed thereon.

2. The plaintiff asserts that the defendant should pay the remaining amount of the sales contract of this case to the plaintiff as a joint guarantor in accordance with the execution letter of this case where the authenticity is recognized, since Eul prepared a letter of performance of this case with the defendant's consent and affixed the defendant's seal impression.

On the other hand, the defendant asserts that since he did not prepare a letter of performance of this case or consent to the seal imprint, the letter of performance of this case written voluntarily by B is invalid as against the defendant, and that he cannot respond to the plaintiff's request.

3. Determination

A. According to the result of the seal impression appraisal conducted by the appraiser I of the first instance trial as to the authenticity of the instant statement of performance, and the purport of the whole pleadings, it is recognized that the defendant's name stated in the instant statement of performance is followed by the seal of the defendant.

In addition, if the stamp image of the holder of a title deed affixed on the private document is affixed with his/her seal, the stamp image shall be affixed unless there are special circumstances.

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