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(영문) 의정부지방법원 2015.01.13 2014가단11635

보증채무금

Text

1. As to the Plaintiff’s KRW 21,301,872 and KRW 6,301,872 among them, the Defendant shall pay to the Plaintiff KRW 15,00,000.

Reasons

1. The Plaintiff, as to the cause of the claim, lent KRW 25 million to C. However, the Defendant sought payment of the said money and damages for delay on the ground that the Defendant jointly and severally guaranteed the Plaintiff’s loan obligations against C.

Comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs 1 and 2 of subparagraph 1-2, the Plaintiff loaned KRW 10 million to C on September 5, 201 as the due date for payment on March 31, 2011, and KRW 15 million on January 14, 201 as the due date for payment on July 31, 2011. The Defendant’s joint and several guarantee for each of the above loans owed to C by the Plaintiff was recognized, and the Plaintiff received KRW 300,000,000 from the Defendant or C on December 8, 2010 as the principal of the above loan, KRW 30,000,000 on May 5, 2012; KRW 300,000 on May 29, 2012; and KRW 300,000,000 on May 29, 2012.

Therefore, according to the above facts of recognition, the defendant, as a joint and several surety, is obligated to pay the plaintiff the remaining principal of KRW 6.5 million (= KRW 10 million - KRW 3.5 million) and the loan principal of KRW 21.5 million (=6.5 million - KRW 15 million) and damages for delay.

2. First of all, the Defendant asserted that, in addition to the above money paid by the Plaintiff from December 15, 2010 to November 14, 2013, the Defendant paid 1,2410,000 won in addition to the above money paid by the Plaintiff. However, the evidence submitted by the Defendant alone can be considered as follows: (a) the Defendant’s assertion that most of the above payments the Defendant claimed was paid in the name of D Co., Ltd. for which C was the representative director; and (b) the Plaintiff lent KRW 23 million to the above company from September 2010 to May 201; and (c) in light of the fact that the above payments were deemed to have been paid as the repayment of loans to the Plaintiff by the Plaintiff, the evidence submitted by the Defendant alone is sufficient.