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(영문) 서울동부지방법원 2020.08.14 2019가단37

각서금

Text

The plaintiff's lawsuit against the defendant B shall be dismissed.

The plaintiff's claim against the defendant C is dismissed.

The costs of lawsuit.

Reasons

1. Facts of recognition;

A. Defendant B served in around 2004 and thereafter at D Co., Ltd. for a considerable period of time.

Defendant C is the birth of Defendant B.

As a customer of Defendant B, the Plaintiff heard that he would receive a loan from the Plaintiff, and lent a total of KRW 200 million to Defendant B on October 25, 201 and September 24, 2013.

The amount borrowed as money borrowed (joint guarantor): 200 million won (interest rate of 8% per annum): January 17, 2014; and the date of repayment: By the end of February 28, 2014, the interest shall be paid by the method designated by the creditor by the last day of each month, but if the interest is overdue for at least two months, the debtor will lose the benefit of time and make the debtor pay in cash as soon as the creditor claims.

The joint and several sureties will perform the same obligation as the debtor with respect to the creditor.

The debtor on January 17, 2014: B (E) Seoul, Gwangjin-gu Seoul, Seoul: FI in Gwangjin-gu, Seoul, Seoul: C (H) (E) (A) FI in Seoul.

B. As Defendant B was unable to pay the above money, on January 17, 2014, the Plaintiff received the following loan certificates (hereinafter “the instant loan certificate”) from Defendant B, and the instant loan certificate contains the name of Defendant C as follows, and the seal affixed to Defendant C’s name.

At the time, Defendant B issued to the Plaintiff a certificate of personal seal impression under Defendant C’s name.

C. Since then, Defendant B repaid part of the interest and principal to the Plaintiff, but failed to perform the obligation under the instant loan certificate, Defendant B prepared a letter of commitment performance similar to the instant loan certificate on several occasions, including: (a) March 10, 2014; (b) May 12, 2014; (c) March 30, 2017; and (d) July 17, 2018; and (b) delivered to the Plaintiff.

(hereinafter referred to as “instant 1 promise implementation note”). D.

Meanwhile, the letter of performance of the commitment (Evidence A9) dated September 24, 2015 stating that “Defendant B will pay to the Plaintiff KRW 180 million by March 30, 2016,” and the Defendant B’s name along with the Defendant B’s seal.