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(영문) 의정부지방법원고양지원 2016.08.24 2016가단71832
구상금
Text

1. The Defendant (Counterclaim Plaintiff) pays nine million won to the Plaintiff (Counterclaim Defendant).

2. The defendant (Counterclaim plaintiff)'s counterclaim.

Reasons

1. On February 18, 2014, the Defendant borrowed KRW 180,000,000 from C (this rate is 2.5% per month, maturity for payment on March 19, 2014: hereinafter “instant loan”), and the Plaintiff jointly and severally guaranteed the loan.

(A) The loan certificate of this case is “the loan certificate of this case.” The loan certificate of this case includes the borrower and the plaintiff as joint and several sureties, and the confirmation document prepared on the same day is confirmed to be borrowed by the defendant, and the plaintiff is written as joint and several sureties. At the time of the loan, the defendant completed the registration of the establishment of the mortgage over KRW 270,000,000 for the amount of the debt amount of KRW 530,000 for the amount of the loan of this case owned by the defendant.

The defendant did not pay the above borrowed money at the maturity date, and C applied for provisional seizure of the plaintiff's claim against the plaintiff's claim against Goyang-si, and the provisional seizure was decided on December 2, 2014.

On February 2, 2014, the defendant prepared a letter stating to the plaintiff that "the above loan was made in form as a security by each person, but the real amount was made through the joint and several surety of AC with respect to the above debt, and if each person fails to pay the above money within the specified period, he/she shall assume all civil and criminal responsibilities against A with respect to the above money."

【Ground for Recognition: Each entry of Evidence A, Evidence 1, 2, 6, and evidence 3】

2. The parties' assertion

A. The Defendant did not pay the loan of this case, despite the lapse of the payment period for the Plaintiff’s assertion, and the Plaintiff is seeking payment of KRW 9 million out of the amount of 18 million in advance reimbursement.

B. The Defendant’s assertion that the loan of this case against Seoul Guarantee Insurance Co., Ltd. was to be settled together with the Plaintiff, and the Defendant is a joint obligor.

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