보증채무금
1. The Plaintiff’s claim against the Defendant (Appointed Party) and the Appointed C is dismissed in entirety.
2. The costs of lawsuit are assessed against the Plaintiff.
1. Facts of recognition;
A. On December 18, 2008, the Defendant issued a promissory note with the face value of KRW 100,000,000 at face value, and on May 18, 2009, the payment date of which was made on May 18, 2009, which is the voice Eup/Eup/Myeon, and the addressee’s blank (bill E; hereinafter “instant Promissory Notes”).
B. On December 18, 2008, the Appointed C exempted the endorsement from drawing up a protest for non-payment on the Promissory Notes and endorsed in blank.
C. On May 18, 2009, the Plaintiff presented a proposal for payment of the Promissory Notes, but rejected payment due to the shortage of deposits.
At present, the bill of this case is owned by the plaintiff.
[Reasons for Recognition] Unsatisfy, Facts that the parties do not clearly dispute, entry of Gap evidence No. 4, purport of whole pleadings
2. Determination on the claim for the borrowed amount
A. The Plaintiff’s assertion 1) D borrowed KRW 100,00,000 from the Plaintiff on December 18, 2008 as the due date on September 5, 2009. The Defendant’s issuance of the Promissory Notes in this case and the endorsement thereon by the designated parties C are jointly and severally guaranteed for the above loan obligation. Accordingly, the Defendants are jointly and severally liable to pay the Plaintiff the above loan amount of KRW 100,000,000 as the joint and several surety of the above loan obligation and the delay damages therefrom.
B. According to the evidence evidence Nos. 5, 7, 8, 9, and 11, the defendant's representative D prepared a certificate of borrowing that the plaintiff's son borrowed 100,000,000 won from the plaintiff's son on May 21, 2009 under the name of the D individual on November 18, 2009, and the G and C operated by D on May 22, 2009 with respect to the real estate owned by the above F and G and C, the debtor, the maximum debt amount of which is 120,000,000 won, may be recognized as the completion of the registration of establishment of a mortgage on May 25, 2009.
However, each of the above facts found that D borrowed KRW 100,000,000 from the Plaintiff alone.
(2).