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(영문) 의정부지방법원 2019.03.28 2018나207411

보증채무금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff sought a number plate for business use to E through C to work in D where C serves as the team leader.

Accordingly, the plaintiff gave 16.5 million won to E, and received the cargo number plate for corporate business from E.

However, the number plate needed by the plaintiff was not the serial number plate for the business of the corporation, but the number plate for the personal cargo.

The plaintiff, at the latest known later, returned to E the cargo number plate for the business of the corporation, but did not receive 16.5 million won from E.

B. On August 7, 2014, the Plaintiff, without entering into an agreement with E on interest, drafted a certificate of borrowing KRW 16,500,000 to E as of October 27, 2014 (hereinafter “the instant certificate of borrowing”). The Plaintiff drafted the obligation to repay the borrowed amount with the due date (hereinafter “the instant obligation to repay the borrowed amount”).

The defendant stated at the bottom of the loan certificate of this case as "the defendant of F Co., Ltd.", and affixed a seal to the name of the defendant.

C. On August 11, 2014, E issued to the Plaintiff a promissory note with a face value of KRW 16.5 million and due date, October 27, 2014, and a promissory note with a content of recognizing compulsory execution based on the said promissory note (No. 548 of the deed of G Office of a notary public, 2014).

The Plaintiff filed a lawsuit against E in relation to the loan claim after the maturity date, but failed to receive the loan obligation from E.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 evidence, Eul 3 to 6 evidence or video, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Since the Defendant concluded a contract with the Plaintiff to guarantee the instant loan obligation against the Plaintiff, it is obligated to pay the Plaintiff the deposit obligation (hereinafter “the instant deposit obligation”) 16.5 million won and delay damages.

B. Defendant (1) The Defendant is an individual’s obligation to pay the instant deposit.