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(영문) 춘천지방법원 2015.02.13 2014나1861

보증채무금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for modification, addition, and deletion as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second third part of the judgment of the court of first instance is changed to "the defendant's signature in the above cash custody certificate" as "the defendant's signature is to promise to pay KRW 5 million per month in the above cash custody certificate" with the defendant's signature.

Following the second sentence of the first instance judgment, “The testimony is 7th following the second sentence,” the Plaintiff added “Third, the Plaintiff deposited KRW 30 million to the account in the name of the Defendant known to C, and the name of the Defendant indicated in the joint and several surety column of the cash custody certificate of this case appears to be written by the Defendant himself.”

The second sentence of the first instance judgment shall be deleted from the second sentence to the third second.

2. According to the conclusion, with respect to the Plaintiff as a joint guarantor of C’s joint guarantor KRW 30,00,000 and the first installment repayment of KRW 5,000,000, which is the first installment repayment from July 24, 2011 following the date one month has elapsed since the date when the above cash custody certificate was prepared, with respect to KRW 5,00,000, the second installment repayment of KRW 5,000,000 from August 24, 2011 following the date two months have elapsed since the date when the above cash custody certificate was prepared, with respect to KRW 5,00,000, the third installment repayment of KRW 5,000, the third installment repayment of KRW 30,000 from September 24, 201 after the date when the above cash custody certificate was prepared, the third installment repayment of KRW 5,000,000 from the date when the above cash custody certificate was prepared, the third installment repayment of KRW 10,5,0101,201,500.