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(영문) 서울동부지방법원 2019.11.05 2019가단1122

보증채무금

Text

1. Defendant B shall pay 80,000,000 won to the Plaintiff and 12% per annum from August 8, 2019 to the date of full payment.

Reasons

1.The following facts of recognition may be acknowledged either in dispute between the parties or in addition to the whole purport of the pleadings, either in Gap evidence 1, 2, and 4:

The Defendants are married with each other, and Defendant B’s female students D are those operating the E Company.

B. On May 16, 2013, the Plaintiff lent interest of KRW 30,00,00 to D on a monthly basis; KRW 50,000,000 on October 13, 2015; KRW 30,000,000 on March 30, 2017; KRW 20,000,00 on July 10, 2017; KRW 10,00,000 on November 20, 2017; and KRW 30,000,00 on June 30, 2018; and KRW 1,40,000 on July 31, 2018.

C. Around October 30, 2015, Defendant B prepared and delivered the following documents to the Plaintiff.

(hereinafter “this case’s loan certificate”). To receive the above amount on October 30, 2015, from the lender of the loan certificate.

The debtor DF G H guarantor B B on October 30, 2017

(d) E Co., Ltd. is in progress with the commencement of bankruptcy proceedings.

2. The assertion and judgment

A. The Plaintiff’s assertion (1) The Defendants guaranteed KRW 80,000,000 among D’s loan obligations against the Plaintiff. As such, each of the Plaintiff is obligated to repay to the Plaintiff KRW 40,000,000. If Defendant C’s above guarantee liability is not recognized, Defendant B is a guarantor or an unauthorized representative, and thus, is liable to pay to the Plaintiff.

The Plaintiff’s claim for the discharge of the guaranteed obligation of KRW 40,000,000 against Defendant B is a simple claim, and the remainder of KRW 40,000 is a primary claim against Defendant C and Defendant B.

(2) The Defendant’s instant loan certificate refers to the need for a fake loan certificate to show to her husband, and only Defendant B’s name and the Defendants’ name are drawn up and drawn up arbitrarily.

Defendant B, at the time without the consent of Defendant C, arbitrarily signed by Defendant C, and then borrowed a loan certificate.