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(영문) 춘천지방법원 2016.06.09 2016가단52

보증채무금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

On November 3, 2015, the Plaintiff guaranteed the claim amounting to KRW 60,00,000,000, which is to be received from Nonparty C and D on November 3, 2015, and the Defendant is obligated to pay KRW 60,00,000 to the Plaintiff.

Pursuant to Article 3(1) of the former Special Act on the Protection of Surety (amended by Act No. 13125, Feb. 3, 2015) (amended by Act No. 13125, Feb. 3, 2015), guarantee shall take effect only when the intent is indicated in writing with the name and seal or signature of the guarantor. Thus, there is no evidence to acknowledge that the Defendant’s intent of guarantee has been indicated in writing with the name and seal

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.