(영문) 서울북부지방법원 2018.10.23 2017나4322

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(영문) 서울북부지방법원 2018.10.23 2017나4322

대여금 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 3 and 4:

1) The Plaintiff is a company that engages in the liquor wholesale business. 2) The Defendant placed A with C as a child.

B. From November 2015, C operated the instant business establishment from a four-story store of the F building located in Dongdaemun-gu Seoul Metropolitan Government D, “E” (hereinafter “E”).

2. The assertion and judgment

A. The gist of the parties’ assertion 1) The Plaintiff operated the instant establishment with C. The Plaintiff, a liquor wholesaler, lent KRW 50 million to A and C on February 2, 2016 for the transaction with the instant establishment, and the Defendant jointly and severally guaranteed the loan obligation on July 13, 2016. Therefore, the Defendant is obligated to pay the Plaintiff the said KRW 50 million and the damages for delay thereof under a joint and several surety contract. (2) The Defendant did not operate the instant establishment, and the Plaintiff did not borrow KRW 50 million from the Plaintiff, and the Defendant did not borrow or jointly and severally guaranteed the said money from the Plaintiff.

A and the defendant, by deception and intimidation of the plaintiff, shall prepare and nullify a certificate of borrowing (Evidence A 1), a certificate of performance (Evidence A 2) and a written agreement of transaction (Evidence A 8).

B. Reviewing the reasoning of the judgment, the Plaintiff lent KRW 50 million to A and C on February 2, 2016 on ten installment payments, and the Defendant’s joint and several guarantee on July 13, 2016 for the above loan obligations.

(No evidence exists to acknowledge the Defendant’s assertion that evidence Gap’s evidence Nos. 1, 2, and 8 was prepared by deception and intimidation of the Plaintiff). According to the above facts, according to the above facts of recognition, the Defendant shall be liable to the Plaintiff for a joint and several surety contract and a copy of the complaint of this case as sought by the Plaintiff.

유사 판례

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-부산지방법원 2020.07.28 2020가단307531

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