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(영문) 춘천지방법원강릉지원 2015.02.12 2014가단6417

보증채무금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The summary of the party's assertion is as the cause of the claim in this case, although the plaintiff completed each of the above 86,140,000 won after receiving only 83,30,000 won out of the construction cost, and the defendant, who was the representative director of the non-party company, jointly and severally guaranteed the non-party company's obligation to pay the above 86,00,000 won to the plaintiff of the non-party company, the defendant claimed payment of the joint and several surety liability against the plaintiff of the non-party company for the above joint and several surety liability. The defendant asserted that the non-party company's obligation to pay the plaintiff of the non-party company was extinguished by repayment.

2. As shown in the Plaintiff’s assertion, Gap evidence Nos. 3 cannot be used as evidence because there is no evidence to acknowledge the authenticity. The non-party company's statement Nos. 1, 2, and 4 (the defendant defense that Gap evidence Nos. 1 and 2 was forged. Thus, the defendant’s husband G puts his signature and seal on each of the above documents. Although there is no dispute between the parties, the defendant formally recorded the non-party company as the representative director, the non-party company’s director, and the non-party company’s actual operation was under the name of the defendant, and there is no dispute between the parties, and according to the above facts of recognition, it is reasonable to view that the above G had a legitimate authority to act for the defendant at the time of the preparation of each of the above documents, the non-party company will make payment of construction price No. 33,00,000 won to the Plaintiff by October 31, 201, and the defendant prepared and paid the above work price No. 30,3000,000 won to the plaintiff.