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(영문) 부산지방법원 2016.05.31 2016가단9328

보증채무금

Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from January 27, 2016 to the day of complete payment.

Reasons

1. Regarding this case where the plaintiff sought payment of joint and several sureties to the defendant, the defendant asserts that the lawsuit of this case is unlawful since the plaintiff's lease of this case and the defendant's joint and several sureties were conducted in Japan.

Article 2(1) of the Private International Act provides that, with respect to the international jurisdiction of the court of the Republic of Korea with respect to legal relations containing foreign elements, the international jurisdiction of the court of the Republic of Korea has the international jurisdiction in cases where the party or the disputed case is substantially related to the Republic of Korea. In this case, the court shall comply with reasonable principles, consistent with the ideology of allocation of international jurisdiction, in determining the existence of substantive relations,” and Paragraph (2) of the same Article provides that “the court shall consider the provisions of the domestic law and determine

In full view of the purport of the argument in Gap evidence No. 1, it is recognized that the defendant is a Korean national and resides in the Republic of Korea. The loan certificate written by C and the defendant written to the plaintiff is in Korean currency and the loan and interest are determined in Korean won, and the exchange rate of 100 United Nations: 900 won is determined as the exchange rate of 100 United Nations, and the jurisdiction is determined as Busan District Court, and it is recognized that one bank account of the Republic of Korea is set out as the deposit account with the Japanese post office account.

The defendant asserts that the joint and several guarantee of this case was made while he did not go to Japan.

The instant lawsuit is for the Plaintiff to seek the performance of joint and several sureties obligation against the Defendant, and the instant dispute between the Plaintiff and the Defendant is recognized as having substantial relations with the Republic of Korea.

In addition, the competent collegiate court between the parties.