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(영문) 서울남부지방법원 2021.02.05 2019나64875

보증채무금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Section 1 of the judgment of the court of first instance is the plaintiff.

Reasons

1. Facts of recognition;

A. Upon receiving a request for borrowing money from Nonparty C, the Defendant requested the Plaintiff through Nonparty F, who was engaged in food material distribution business on February 2017, and became aware of the fact that he/she requested the Plaintiff to discount the amount of KRW 50 million check.

B. On February 14, 2017, the Plaintiff met with the Defendant as well as C. The Plaintiff presented to the Plaintiff one copy of the check in the name of D Co., Ltd. (the amount of gold and the issue date are blank; hereinafter “the check in this case”) under the Plaintiff’s management, and requested the Plaintiff to lend KRW 50 million, and the Plaintiff cannot be trusted by both the Plaintiff and the issuer of the first face C and the check. Therefore, the Defendant would lend money to the Plaintiff.

The defendant also accepted it.

(c)

C issued the check of this case with “5,50,000 won” and “28, 2017,” respectively, in the form of the amount of the check of this case. The Defendant stated the name of the Plaintiff and the Handphone number on the back of the check of this case and delivered a copy of its identification card to the Plaintiff.

On February 15, 2017, the Plaintiff transferred KRW 50,000 to C on February 15, 2017, respectively.

(d)

The plaintiff presented the receipt of this case within the payment period, but refused to pay it as a shortage of deposit.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Comprehensively taking account of the overall purport of the arguments in the above facts of recognition, the Plaintiff made payment period of KRW 50 million to Nonparty C on February 14, 2017, which was determined on February 28, 2017. At that time, the Defendant guaranteed the Plaintiff’s debt to Nonparty C.

Therefore, it is reasonable to view that the Defendant as a guarantor of the above loan obligation the Plaintiff is liable for damages calculated by the rate of 50,000,000 per annum from March 1, 2017, which is from March 1, 2017, to March 7, 2019, the delivery date of a copy of the complaint in this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is from the next day to the date of full payment.

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