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(영문) 수원지방법원안산지원 2015.08.05 2015가단1383
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that the Defendant assumed the obligation of KRW 42,750,692, which the Plaintiff Company B (hereinafter “Nonindicted Company”) incurred to the Plaintiff on April 7, 2014, and then sought payment against the Defendant for the remainder of KRW 39,143,262, excluding KRW 3,607,430, paid by the Nonparty Company.

If the purport of the entire argument is added to the statement in Gap evidence No. 1 and witness Eul's testimony, the defendant confirmed on April 7, 2014 that "the material price of the non-party company remains in 42,750,692 won, and promised to pay the balance certificate (hereinafter "the balance certificate") to the plaintiff as soon as possible. However, according to each of the above evidence, although the plaintiff's employee C did not have the representative of the non-party company on the same day and did not have the representative of the non-party company on the same day, the balance certificate of this case was prepared with the defendant's signature in the form prepared in advance during the interview with the defendant. The defendant stated the "beneficiary" stated in the balance certificate of this case as "a person with confirmation of balance" before signing the certificate, and therefore, it is acknowledged that the defendant had the status of non-party company's duty, and in light of the circumstance and contents of the balance of this case, the defendant did not have any other evidence that the non-party company bears an obligation to the plaintiff.

Therefore, the plaintiff's above assertion is without merit.

Therefore, the plaintiff's claim is dismissed.

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