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(영문) 대구지방법원 2017.12.22 2016가합204107

채무부존재확인

Text

1. The defendant shall pay 142,00,000 won to the plaintiff and 18% per annum from April 2, 2012 to the day of complete payment.

Reasons

1. Determination as to the claim

A. According to the facts that there is no dispute between the parties, Gap evidence Nos. 5 and 9, and the purport of the entire pleadings, the plaintiff is obligated to pay the plaintiff 142,00,000 won as a joint guarantor and the plaintiff 18% interest rate per annum from March 2, 2012 to March 31, 2013 when the plaintiff decided to lend 150,000 won to C Co., Ltd. as interest rate of 1.5% per annum (18%) and the due date of repayment from March 31, 2013. The defendant prepared a certificate of borrowing money as joint and several surety for the above C Co., Ltd., and the plaintiff transferred 142,00,000 won to the financial account of the above C around April 2, 2012 pursuant to the said certificate of borrowing money. Thus, the defendant is obligated to pay the plaintiff 142,000,000 won as a joint and several surety with interest rate of 18% per annum.

(B) The Plaintiff’s assertion to the effect that the total amount of the loan is KRW 150,00,000,000 is not accepted as there is no evidence to acknowledge it, since it was transferred after deducting the balance claim equivalent to eight million won from a large number of transactions.

In this regard, the defendant argued to the effect that he merely stated in the loan certificate as a formal joint and several surety and did not bear the actual joint and several surety obligation. However, some of the witness D's testimony alone is insufficient to recognize it, and there is no other obvious evidence to acknowledge it.

2. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.