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(영문) 광주지방법원 순천지원 2018.02.07 2017가단76330

보증채무금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 30, 2008, the Plaintiff: (a) on July 30, 2008, leased KRW 50 million after deducting KRW 10 million from the pre-paid interest from KRW 60 million to C or D Co., Ltd. (hereinafter “D”); and (b) on a two-month basis, the Plaintiff determined and lent KRW 50 million as the due date.

B. On September 30, 2008, the date of issuance, the Plaintiff received one sheet of number per unit, which is the same mining area of a national bank, a corporation with the place of payment on September 30, 2008. On the face of the above number of units, the Defendant stated its address and name and affixed a seal thereon.

C. The Plaintiff, on August 4, 2008, lent to C through D KRW 40 million after the due date for payment of KRW 36 million after deducting the amount of KRW 4 million from the amount of KRW 40 million. D.

On September 3, 2008, the date of issuance, the Plaintiff received from D one sheet of each unit (hereinafter referred to as the “instant check of unit number”) which is composed of the Dong-dong Branch of National Bank Co., Ltd. (hereinafter referred to as the “B”), and on the face of the above unit number, the Defendant stated his name and address and name and affixed his seal.

E. On August 4, 2008, the Plaintiff prepared a loan certificate stating that “C will pay 40 million won to the Plaintiff not later than September 3, 2008 (hereinafter “the loan certificate of this case”). The Defendant signed and sealed the above loan certificate as the surety together with E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion was that the Plaintiff lent KRW 100 million to C, and the Defendant guaranteed this. As such, the Defendant is obligated to pay to the Plaintiff 30% interest per annum from October 6, 2008 to July 14, 2014, as the Plaintiff seeks, from the date of repayment to the date of full payment, 15% interest per annum from the following day.

(b)the existence of the obligation to pay is recognized.