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(영문) 광주지방법원 목포지원 2018.10.31 2018가단2781

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff jointly and severally guaranteed the Defendant’s loan obligation of Nonparty 2 (hereinafter “Non-Party 2”). However, the Plaintiff agreed to exempt the Plaintiff’s guarantee obligation of the above loan between C and Non-Party 3 as of April 30, 2015, and thus, the Plaintiff asserted that the Defendant’s compulsory execution of the payment order against the Defendant, which ordered the performance of the above guaranteed obligation, should be denied.

However, the plaintiff and C cannot oppose the defendant's claim against the plaintiff, not a party to the above agreement, on the ground that the above agreement has been reached. Thus, the plaintiff's argument is without merit.

(In addition, according to the statement of evidence Nos. 1 and 1, the parties to the agreement on the transfer of the above legal entity asserted by the plaintiff are not the plaintiff but the non-party legal entity by transferring its contents to the legal entity, and the non-party legal entity is exempted from its liability, but the plaintiff, the joint guarantor, and the non-party D, who agreed to assume all civil and criminal responsibilities. Thus, the plaintiff, the joint guarantor, shall not be exempted from the liability for the guaranteed liability of this case. Thus, the plaintiff's claim