보증채무금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are acknowledged in full view of Gap evidence Nos. 2-5, Eul evidence No. 1 and the purport of the whole pleadings.
A. On January 8, 2016, the Plaintiff: (a) lent KRW 60,00,000 to C Co., Ltd. 10% of interest per month; and (b) “minimum amount from April 8, 2016 to June 8, 2016”.
The representative director D of the above company jointly guaranteed the above debt.
B. On January 8, 2016, the Defendant entered into a contract on the sales agency of the instant officetel with the company Co., Ltd. as the executory company of the Ftel newly built in the petition-gu E, Cheongju-si.
On the same day, the Defendant issued to the Plaintiff a sales contract for the above officetel 302, and there was a stipulation that “The sales contract for the above number shall be automatically terminated at the same time as full payment of the debt of the sales agency C, the certificate of full payment, the certificate of full payment in full, and the receipt for the sales contract (the contract for the storage of the contractor),” and at the same time, the Plaintiff and the Defendant signed or sealed it.
2. The plaintiff asserts that since the defendant jointly and severally guaranteed the above loan debt of C Co., Ltd., the defendant is liable to pay 60,000,000 won and delay damages to the plaintiff.
However, it is difficult to recognize that the defendant expressed his intent to jointly and severally guarantee the above obligation solely by the fact that the defendant delivered the contract for sale in lots to the plaintiff regarding the above obligation, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's claim is rejected.