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(영문) 창원지방법원 통영지원 2017.01.19 2016가단5152

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D No. 372, May 7, 2015, drafted a deed of debt repayment (quasi-loan for consumption) agreement (hereinafter “instant No. 350,000 won”) with the purport that the Defendant borrowed KRW 2.8 million from the Defendant and that the Defendant would repay KRW 3.5 million from May 1, 2015 to December 31, 2015, respectively.

B. The Plaintiff set the maximum amount of the guaranteed debt to the Defendant as KRW 30 million and jointly guaranteed by the Plaintiff.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1, purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant asserted that KRW 14,885,925 out of KRW 2,80,000 on the instant notarial deed was paid in real estate auction, and the remainder KRW 13,114,075 was paid in cash from D. Thus, all obligations on the instant notarial deed were extinguished.

B. The evidence of the Plaintiff’s submission alone is insufficient to admit the Plaintiff’s assertion, and there is no other evidence to prove otherwise.

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.