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(영문) 의정부지방법원 2021.02.04 2020나208295

보증채무금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is the representative director of C Co., Ltd. (hereinafter “C”).

B. On August 31, 2010, the Plaintiff entered into an agreement with C with the following content.

1. C borrowed KRW 70,000 from the purchase price of materials to the Plaintiff. The Plaintiff deposited KRW 68,650,000,000, which deducts KRW 150,000 from the revenue stamp spent at the time of the withdrawal of the said money until September 1, 2010, and interest KRW 1,20,00 from the bank interest for the two-month period, into the company account of C;

2. C preferentially pays to the Plaintiff the amount equivalent to 30% of the Company’s deposit money by the end of September 2010; and

3. As to the remaining amount after the above payment and the 38,000,000 won remaining until the date when C borrowed from the Plaintiff, C, by the end of October 2010, shall be fully repaid to the Plaintiff by not later than the end of August 2010.

4. The interest on the above 38,000,000 Won will be discussed next to all.

(c)

C On June 22, 2015, with respect to the Plaintiff’s KRW 38,00,000 as stated in the above Convention, C drafted a written confirmation of the following (hereinafter “instant confirmation”).

1. Daily payment: To borrow interest and principal amount of KRW 28,00,000 on August 31, 2010 and continuously repay interest and principal amount of KRW 28,00,000 after settlement of accounts on June 22, 2015;

2. Interest: 300,000 won per month;

3. Method of payment: to pay to the Plaintiff on the 30th day of each month.

(d)

Around that time, the Defendant asserted that, with respect to the time when the Defendant written the instant written confirmation, the Plaintiff omitted the part of the guarantor at the time of the preparation of the instant written confirmation, and that, after the date of the said written confirmation, the Plaintiff demanded the Defendant to close this fact and to sign as the guarantor, and that the Defendant did so in response thereto (see the Defendant’s response 3, 4th September 7, 2020). The Defendant stated “B of the guarantor’s representative director” at the bottom of the instant written confirmation and signed it next to that.

[Reasons for Recognition]