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(영문) 울산지방법원 2014.07.25 2014가단1385
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. C on December 16, 2003, prepared a certificate of loan (Evidence A No. 1) with the purport that it borrowed KRW 80 million to the Plaintiff on December 16, 2003 as the due date for repayment on December 16, 2004, and the fact that the Defendant signed and signed on the column of joint and several sureties of the above certificate of loan is no dispute between the parties.

2. The plaintiff lent KRW 80 million to C on the basis of the above loan certificate, and the defendant jointly and severally guaranteed the loan debt, which the defendant is obligated to pay the above loan and the damages for delay to the plaintiff.

Comprehensively taking account of the overall purport of the arguments in the testimony of the witness C, C borrowed money from the plaintiff or a third party introduced by the plaintiff from around 1999 or made money transactions related to the fraternity several times. In this regard, C around October 23, 2001, prepared a notarial deed of debt repayment contract for the amount of 115 million won as the plaintiff's remaining-born relatives, etc. as the creditor around October 23, 2001, and C did not pay the interest specified in the above notarial deed, C was unable to pay the interest on behalf of the plaintiff on December 16, 203, and the plaintiff and C prepared the above notarial deed of loan (the plaintiff had not yet paid the interest debt of C at the time of the preparation of the above notarial deed of loan, the above 80 million won loan from her husband and her husband on behalf of her husband and the above notarial deed of loan and the content thereof can be acknowledged according to C's request for the above notarial deed.

According to the above facts, at the time of the preparation of the above loan certificate, the intention of the parties shall be determined to the effect that the plaintiff lends the money equivalent to the corresponding amount by means of repaying the interest obligation of C on behalf of the plaintiff, or that the plaintiff guarantees the indemnity obligation on the premise that the plaintiff shall repay the interest obligation of C on behalf of the plaintiff.

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