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(영문) 울산지방법원 2018.02.14 2017가단62329
양수금
Text

1. Defendant B’s KRW 80,000,000 as well as 5% per annum from July 29, 2013 to September 23, 2017 to the Plaintiff.

Reasons

1. Plaintiff’s claim against Defendant B: cite

(a) Defendant B bears with respect to D the obligation of the borrowed amount of KRW 80 million as follows:

- On March 9, 2013, KRW 40 million, KRW 40 million on May 20, 2013, KRW 80 million on July 29, 2013, the Plaintiff acquired the above loan claim against Defendant B from Defendant D on July 18, 2017, and notified the Defendant B thereof on July 20, 2017.

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant C: The Plaintiff asserts that Defendant C jointly and severally guaranteed the above loan obligation (20 million won as of March 9, 2013 and KRW 20 million as of July 29, 2013) against Defendant C, but there is no evidence to acknowledge it.

Witness

According to the testimony of E and D, all the joint and several suretiess of the loan certificate (A 2-1, 2-3) presented by the plaintiff are recognized as having been prepared by the defendant B.

In addition, the plaintiff transferred part of the amount to the defendant C account upon the request of the D, which is not sufficient evidence for the joint and several sureties.

This is because Defendant B is merely a passbook used by the Plaintiff in the course of receiving money from the Plaintiff.

The plaintiff's claim against the defendant C is dismissed as it is without merit.

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