보증채무금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Circumstances leading to the dispute of this case;
A. On February 20, 2013, the Plaintiff: (a) lent KRW 1 billion to C Co., Ltd. (hereinafter “Nonindicted Company”); (b) the interest rate of KRW 6.9% per annum; (c) interest rate of KRW 18% per annum; and (d) the due date of repayment on April 12, 2013.
(hereinafter “instant loan”). D, the representative director of the non-party company, jointly and severally guaranteed the instant loan obligations.
B. On February 20, 2013, the Plaintiff was issued a joint and several surety agreement (hereinafter “instant joint and several surety agreement”) with the Defendant’s husband E that the Defendant jointly and severally guaranteed the Defendant’s debt of the instant loan to the Plaintiff by Nonparty Company.
C. At the end of the instant joint and several sureties agreement, the Defendant’s resident registration number, address, and name are stated, and the Defendant’s seal imprint is affixed on the side of the Defendant’s name.
The Plaintiff was issued a certificate of personal seal impression on May 24, 2013 to the Defendant indicated at the principal’s request issued by the head of the Dongdaemun-gu Seoul Dong with respect to the instant joint and several guarantee agreement from E.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 5, the purport of the whole pleading
2. The parties' assertion
A. The Plaintiff, a cause of the Plaintiff’s claim, lent the instant loan to Nonparty Company under the responsibility of Nonparty E, who was an internal director of the Plaintiff.
The non-party company did not repay the instant loan even after the maturity date of April 12, 2013.
The plaintiff requested the defendant's joint and several sureties for the loan of this case to E, and the plaintiff consented thereto.
E concluded that the Defendant would directly receive the instant joint and several sureties agreement under the name of the Defendant, and issued the instant joint and several sureties agreement and the Defendant’s seal impression to the Plaintiff on May 24, 2013.
At the time, the defendant residing in the U.S. was visited with E, and the letter of joint and several surety agreement of this case was accompanied by the defendant's certificate of personal seal issued by him, and the defendant.