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(영문) 울산지방법원 2015.05.14 2014나10366
보증채무금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a public corporation that runs the business of transmitting and distributing electricity between the Plaintiff and B. 2) The Plaintiff entered into a power supply contract with B (hereinafter “B”) that runs the business of manufacturing, processing, and selling automobile parts at racing-si, and supplied electricity to B from April 2, 2008 to April 5, 2012.

B. 1) B’s preparation and submission process of the joint and several sureties’s joint and several sureties’s joint and several sureties’s name, resident registration number, telephone number, and address, etc. are indicated in the Defendant’s personal data column for the joint and several sureties’s joint and several sureties’s joint and several sureties’s name, resident registration number, telephone number, and address, etc., and the Defendant submitted to the Plaintiff a joint and several sureties’s signature and seal to guarantee the unpaid electrical charge amount of KRW 22,50,000 (hereinafter “instant joint and several sureties”) from November 10 to 9, 2012.

The joint and several surety of this case is accompanied by the Defendant’s certificate of personal seal impression, resident registration certificate, copy of resident registration certificate, and music private teaching institute registration certificate under the Defendant’s name, and the seal affixed on the Defendant’s name is the same as the seal affixed on the Defendant’s seal impression column.

C. B, from January 5, 2012 to April 5, 2012, 2012, the Plaintiff did not pay the electricity charges of KRW 9,168,750 in total. 2) The Plaintiff urged D and the Defendant to pay the said electricity charges on several occasions from February 2012, but D still did not pay the said electricity charges.

A summary order against D on March 2014, the defendant, around March 2014, forged D's joint and several surety of this case.

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