(영문) 청주지방법원 2018.06.01 2017가단7590

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(영문) 청주지방법원 2018.06.01 2017가단7590

약정금 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C is a person who engages in wholesale and retail business, etc. under the trade name of “D,” and the Defendant is a wife of C.

B. As between May 3, 2016, the Plaintiff entered into an investment agreement with C, with the purport that the Plaintiff shall invest KRW 130 million with C, and C shall pay the Plaintiff a profit of KRW 11 million on the fifth day of each month from September 5, 2016 to April 5, 2017, and until May 3, 2017, the Plaintiff shall pay the said principal KRW 130 million with the remainder of KRW 40 million (hereinafter “instant investment agreement”), and accordingly, paid KRW 130 million with C.

C. At the time of the instant investment agreement, C prepared and delivered a cash custody certificate (No. 1-2, hereinafter “the cash custody certificate of this case”) stating the content of the said agreement to the Plaintiff. Of the said cash custody certificate, C’s name and resident registration number is indicated in the joint and several surety for the joint and several surety for the debt owed to C under the said agreement to the Plaintiff, and the Defendant’s seal is affixed on the name side, and C signed and sealed the Defendant’s seal. The entry and sealing of the part in the above Defendant’s name

(hereinafter referred to as the above joint and several guarantee agreement under the name of the defendant is referred to as the "joint and several guarantee agreement of this case".

C At the time of the instant investment agreement, the Defendant himself issued a certificate of personal seal impression issued on May 2, 2016 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 3-1, 2, and Gap evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant’s seal impression is affixed to the joint and several surety column among the cash storage certificates of this case which cause the Plaintiff’s claim, and the Defendant’s seal impression is attached thereto, the authenticity of the part under the above Defendant’s name is presumed to have been established. C was delegated by the Defendant’s husband who was delegated the right to conclude the joint and several surety agreement on behalf of the Defendant to the Plaintiff, and the Defendant as the joint

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