logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.10 2018나31940
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As follows, the part added or dried shall consist of between 13 and 3 pages of the judgment of the court of first instance.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Defendant: (a) obtained the Defendant’s signature and seal on the instant probation guarantee agreement without setting in advance the overdue interest rate or the guarantee amount; (b) the Defendant, a bankrupt debtor A Co., Ltd. (hereinafter “Bankruptcy Party A”) made illegal loans to the primary debtor E; and (c) obtained the Defendant’s signature and seal on the instant probation guarantee agreement without setting in advance the overdue interest rate or the guarantee amount; (c) the instant probation guarantee agreement is null and void by means of false representation; and (d) the instant probation guarantee agreement was made by deceiving the Defendant for the private interest of the bankrupt bank; and (e) imposes an excessive or unreasonable burden on the other party by taking advantage of the exclusive and superior position; (c) the bank was null and void in violation of Articles 103 and 104 of the Civil Act; and (d) the bank did not notify the Defendant of the arrears of the primary debtor to the Defendant; and thus, (e) the Plaintiff’s claim cannot be complied with due to the lapse of five years after the extinctive prescription period.

B. First of all, it is insufficient to recognize that the records in the evidence Nos. 7, 8, 9, 10, and Nos. 1 and 2, first of all, of the claim that the probation guarantee of this case constitutes a false conspiracy, were submitted only formally to the defendant while the bankrupt bank extended a loan to the principal debtor E, or that the defendant was signing and sealing on the instant probation guarantee by deceiving the defendant.

arrow