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(영문) 창원지방법원진주지원 2020.11.10 2020가합11066

보증채무금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company established for the creation, management plan, etc. of urban forests, etc.

B. Around September 4, 2018, the Plaintiff and the Defendant’s representative director C prepared a letter of payment for KRW 500 million (hereinafter “instant letter of payment”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 2, the result of commission of document delivery to the branch office of the original district prosecutor's office of the original district prosecutor's office of this court, the purport of the whole pleadings

2. The parties' assertion

A. In the name of the Defendant, “C” next to the lower end of the Plaintiff’s allegation of the instant payment rejection, C agreed between the Plaintiff and C to jointly and severally guarantee the Defendant’s obligation to pay KRW 500 million to the Plaintiff indicated in the said payment rejection letter.

Therefore, since the defendant is a joint and several surety for the above contract amount, it is obligated to pay KRW 500 million, which is the above payment note, to the plaintiff.

B. According to the defendant's argument, since the defendant's statement of the payment in this case does not contain the phrase "joint and several sureties", the defendant is not in the position of joint and several sureties, and the above payment in this case was prepared as an individual qualification by C, who was the former representative director of the defendant, and even in the process of the preparation, the above payment in this case was prepared by the plaintiff's strong pressure and revoked the contents of the payment in this case due to C'

3. In full view of the facts and the evidence as seen earlier, the Plaintiff and C prepared a letter of payment in this case around September 4, 2018, and the lower end of the letter of payment in this case stating “C (representative B)” as each book, and each impediment is affixed thereto. However, even though the lower end of the letter of payment in this case is different from the joint and several surety, no indication is required, and the Defendant’s corporate seal impression is affixed or a corporate seal imprint is attached.