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(영문) 광주지방법원 2019.02.01 2018가단510173
보증채무금
Text

1. The defendant shall pay the plaintiff KRW 60,000,000.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. The facts of recognition are as follows: Gap evidence Nos. 1, 2, and 3 (including additional numbers) and this court, taking into account the overall purport of arguments, and each loan contract was concluded between the plaintiff and non-party C on Feb. 13, 2001 and Jan. 29, 2003; the defendant signed and sealed the loan contract at the time of each of the above loan contract; Eul thereafter applied for extension of the term of the loan contract dated Feb. 13, 2001 until March 13, 2006; and Eul applied for extension of the term of the loan contract dated Jan. 29, 2003 until March 29, 2006; the defendant signed and sealed each of the above applications for extension as joint and several surety; the plaintiff approved it; the defendant who is a joint and several surety on Apr. 17, 2008; and the payment order became final and conclusive by the court order issued under the above court order issued under 2008.

2. Accordingly, the defendant is liable to pay KRW 60,000,000 to the plaintiff among the principal and interest of loan unpaid as joint and several sureties.

As to this, the defendant asserts that C arbitrarily stolen the defendant's seal and forged all of the probationary guarantee certificates, etc., but since there is no evidence to prove that C affixed the defendant's seal, the defendant's above assertion is rejected.

In addition, the defendant asserts to the effect that he was not served with the original copy of the payment order issued by the court of this Court No. 2008Gu4889. Since the defendant was legally served with the above payment order, the above argument by the defendant is not accepted since the above argument by the defendant is obvious to this court, the above argument by the defendant is not accepted, even if the defendant acted as the main copy of the extinctive prescription period, the above claim was extended as of March 13 and March 29, 2006, respectively. The fact that the plaintiff was confirmed as of May 10, 2008 under the above payment order issued by the plaintiff before the expiration of five years from the expiration of the extinctive prescription period of the defendant's joint and several liability obligation, and the plaintiff was confirmed as of May 10, 2008.

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