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(영문) 수원지방법원평택지원 2017.09.28 2016가합10461

보증채무금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff lent 10,000,000 won to C around November 20, 2002 and lent money to C and C’s spouse D several times from that time to 2007.

B. C and D delivered to the Plaintiff, with respect to the amount borrowed from the Plaintiff, C and C delivered a promissory note of KRW 50,000,000 on December 30, 1999, KRW 260,000,000 on April 11, 2005, KRW 60,000 on May 10, 2006, KRW 60,000 on May 10, 2006, and KRW 50,000,00 on November 13, 206.

C. C and D borrowed KRW 575,00,000 from the Plaintiff on January 5, 2007 with respect to the money borrowed from the Plaintiff, and C and D borrowed KRW 575,00,000 from the Plaintiff on January 5, 2007.

“A certificate of borrowing” was drawn up and issued by C on January 15, 2007, a certificate of borrowing that “C borrowed KRW 300,000,000 from the Plaintiff on January 15, 2007.”

The above amount was borrowed on December 19, 2007, in the amount of KRW 750,000,000 (750,000,000) for the receipt of the loan. The defendant (resident registration number, address) who is a joint and several surety

D. At around December 19, 2007, the Defendant, as C and D’s children, prepared and awarded the following loan certificates (hereinafter “the loan certificates of this case”) to the Plaintiff with respect to the loan amounts to C and D’s Plaintiff:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and 5 (including each number in the case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, C and D borrowed KRW 575,00,000 from the Plaintiff, and C borrowed KRW 300,000,000 from the Plaintiff. The Defendant jointly and severally guaranteed KRW 750,000,000 out of the borrowed money to the Plaintiff of C and D around December 19, 207, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 750,00,000 and delay damages therefor.

B. One of the judgment on the defendant's defenses, etc. against the defendant is that the plaintiff's loan claims against C and D were borrowed for commercial activities by C and D, which operated a restaurant business and a cargo transportation business at the time of the time, and the above debt is five years.